1 1. D.B. Crl. (Parole) Writ Petition No.6417/2010 Nathu Ram. vs. State of Rajasthan & Ors. 2. D.B. Crl. (Parole) Writ Petition No.7657/2010 Nathu Ram. vs. State of Rajasthan & Ors. Date : 18.10.2010 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. KAILASH CHANDRA JOSHI, J. Mr.KR Bhati, for the petitioner. Mr.KR Bishnoi, PP. - - - - - Heard learned counsel for the petitioner and learned public prosecutor. The petitioner is father of convict Jai Singh who has been convicted for offence punishable under Section 302 IPC and sentenced to life imprisonment with fine. The convict has served the sentence for 10 years 1 month 2 days upto 25.7.2010. The petitioner applied for first parole upon which the parole committee allowed the petitioner's prayer and released the convict on parole from 14.2.2009 to 5.3.2009. The petitioner's two parole petitions no.431/2009 and 2345/2009 were pending at that time and those were dismissed vide order dated 22.4.2009 on the ground that the convict has already been granted parole. The petitioner's prayer for grant of second 2 parole to the convict has been rejected by the impugned decision taken in parole committee's meeting dated 23.4.2010. Therefore, the petitioner preferred parole petition no.6417/2010 and while that petition was pending, yet another parole petition no.7657/2010 has been submitted. By this order, both the petitions are being decided. The petitioner's prayer for release on parole has been rejected on the ground that the convict Jai Singh obtained an adverse report from S.P., Jhunjhunu. However, the Social Welfare Department has recommended for release of convict Jai Singh on second parole. Relying upon the report of S.P., Jhunjhunu, the petitioner's prayer for parole has been rejected in parole committee's meeting. We found that without examining the relevant fact that the convict Jai Singh was earlier released on parole for 20 days and there is no allegation of misuse of parole and there is no allegation about wrong conduct of convict and we do not find any reason to not to release the convict on parole. In view of the above, the earlier parole writ petition no.6417/2010 is allowed. The respondents 3 are directed to release the convict Jai Singh on second parole for thirty (30) days on terms and conditions, which may be imposed by the authorities concerned. Consequently, the second parole writ petition no.7657/2010 has become infructuous and the same is hereby dismissed. (KAILASH CHANDRA JOSHI), J. (PRAKASH TATIA), J. S.Phophaliya