IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R. D.B. Civil Writ Petition (Parole) No.11044 of 2009 Mohd. Riyaz @ Hussain son of Shri Lal Mohammad. VERSUS State of Rajasthan and Others Date of Order :::: 14/10/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice K.S. Chaudhari Mr. Vinay Pal Yadav, Counsel for the Petitioner. Mrs. Rekha Madnani, Dy. Govt. Counsel for the State. *** By the Court : We have heard learned counsel for the parties and perused the record, more particularly the order passed by the Advisory Committee dated 25.06.2009 as well as reply filed by the respondents. The petitioner is aggrieved by the rejection of his application for third regular parole, which has been rejected by the impugned order. Despite the fact that the conduct of the petitioner in the Jail was said to be satisfactorily. However, the adversity, which has been pointed out against him is that the petitioner was released on emergent parole, but did not surrender himself in time and was thereafter arrested by the Police and brought to the Jail for serving out the remaining sentence. Another factor, which has been pointed out is that in case of release of the petitioner on parole there is an apprehension that he may not surrender in time. So far as the report of the Social Welfare Officer is concerned, he has recommended his case for being released on parole. So far as the grounds with regard to the fact that the petitioner did not surrender in time after being given the benefit of emergent parole is concerned, we find that the petitioner was thereafter released on first and second regular parole. In that view of the matter, the fact regarding the non-surrendering of the prisoner in time after being released on emergent parole losses its importance, more particularly after being released on first and second parole the petitioner surrendered before the jail authorities within specified time. During the course of hearing, learned counsel appearing for the respondent pointed out that a case for the offence under Section 309, I.P.C. was registered against the petitioner for having gone on strike in jail. So far as the aforesaid case is concerned, the learned counsel for the respondent is not in a position to state as to what happened to the said case after the investigation i.e. whether any challan was filed or not. Moreover the committee has not taken this as an adverse circumstance for refusing the application. Moreover, the jail authorities in their reply have also stated that his conduct in the jail has been found to be satisfactorily and the aforesaid incident relating to the case for the offence under Section 309, I.P.C. is of 07.12.2004 i.e. nearby five years ago. Keeping in view the considerations for right of the prisoner to be released on parole, we deem it to be a fit case for enlargement of the petitioner on third regular parole for 40-days in accordance with the rules. Consequently, we allow this writ petition and direct the Superintendent, Central Jail, Ajmer to immediately release the petitioner namely, Mohd. Riyaz @ Hussain son of Shri Lal Mohammad, by caste Neelgar- Musalman, resident of Fatehpuri Gate, Police Station Kotwali, Sikar (presently confined in Central Jail, Ajmer) on third regular parole for a period of 40-days, which shall commence from the date of his release, upon furnishing his surety for a sum of Rs.50,000/- (Rupees fifty thousand only), along with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Ajmer, on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Ajmer shall also fix a date for his surrender before the jail authorities. The writ petition stands allowed with the aforesaid directions. (K.S. Chaudhari) J (Dalip Singh) J. ashok/