{1} DB CW (Parole) No. 7723/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. Civil Writ Petition(Parole) NO.7723/2010 Mohd. Sabbir Vs. State of Rajasthan & Others. DATE OF ORDER: 03.08.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MRS. JUSTICE MEENA V. GOMBER Mr. Lakhan Singh Tomar, for the petitioner. Mr. J.R. Bijarnia, Public Prosecutor, for the respondents. Heard learned counsel for the parties. 2. The convict-petitioner has preferred this parole writ petition for grant of first parole of 20 days. 3. A notice to show cause was issued to the respondents and in response thereto they have filed reply to the parole writ petition. 4. From the pleadings and documents on record, it is not in dispute that the petitioner has already completed 1/4th of his sentence of imprisonment and his conduct in jail is also satisfactory but, from Annexure- R/3, it appears that report of Social Welfare Officer had not been received till 11.03.2010, when District Parole Advisory Committee considered the matter of the petitioner. It was a duty of the District Magistrate, Jaipur to call for the report of the Social Welfare Officer before meeting {2} DB CW (Parole) No. 7723/2010 but, in the present case it appears that the report was not received and without considering the said report, the application of the petitioner was rejected. 5. Under these circumstances, we think it fit and proper to set aside the impugned order qua the petitioner and direct the respondents to consider the case of the petitioner afresh after calling the report of the Social Welfare Officer at the earliest. 6. Consequently, the Writ Petition (Parole) is allowed. Impugned order dated 23.03.2010 (Annexure-1) qua the petitioner is quashed and set aside. District Parole Advisory Committee, Jaipur is directed to consider the case of the petitioner afresh for grant of first parole of 20 days in the next meeting or within three months whichever is earlier and it will be the duty of the District Magistrate, Jaipur to see that report of Social Welfare Officer with regard to the petitioner is received before considering the case of the petitioner positively. 7. A copy of this order may be sent to District Magistrate, Jaipur for compliance. (MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. Manoj Item No.S.5.