D.B. CIVIIL WRIT PAROLE PETITION No. 3686/2008 Date : 16.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C. M. TOTLA, J. Mr. JPS Choudhary , P.P. - - - - - Petitioner Puniya has submitted this parole petition with the prayer that his prayer for pre-mature release was rejected vide order dated 26.6.08 by the State Government. Petitioner's prayer has been rejected on the ground that there is a chance of taking revenge by the villagers and therefore, if the petitioner is released pre-maturely, then his own life will be in danger. Petitioner's conduct in jail was also not found satisfactory. It is not in dispute that the petitioner obtained the eligibility for release on parole on completion of his minimum sentence which according to the petitioner may be 18-19 years but in fact, it is less but more than the requisite sentence which is required to be served before the convict can be released on permanent parole. Even after completion of period of entire sentence, if the villagers keep their vengeance against the accused, that cannot be a ground for keeping one person in custody. It is duty of the State to protect all persons including a person has undergone the sentence, as he also has a right to live in the society and for which purpose, the sentence is awarded to the limited period and provision has been made for release of accused even before completion of substantial sentence so that accused may also be given opportunity to re-settle in the society. So far as conduct of the petitioner in jail is concerned i.e. also relevant factor but it may be kept in mind that such conduct of applicant cannot be treated to be an offence to the extent of giving harsh punishment of keeping him behind the bars in all cases. Therefore, it is for the administrative authorities to look into the matter carefully for arriving at a decision about the release of convict on parole or pre-mature release. In view of the above reasons, we set aside the order dated 26.6.08 so far as it relates to the convict Puniya S/o Jyoti Ram lodged in Central Jail, Udaipur and direct the State to re-consider the case of convict Puniya afresh un-influenced by the earlier order dated 26.6.08. The matter may be considered afresh within a period of four weeks from receipt of copy of this order which may be supplied through learned Public Prosecutor. The parole petition is allowed in part accordingly. (C. M. TOTLA), J. (PRAKASH TATIA), J. bjsh