1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 2243/2008 {Shyam Singh Versus The State of Rajasthan & Others} Date of Order :: 17th September, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Anshuman Saxena for the petitioner Mr. Mahesh Chand Gupta, Additional Government Counsel for the respondents BY THE COURT: Heard learned counsel for the parties. 2. Admit. 3. The petitioner has preferred this parole writ petition to grant him first parole for 20 days contending therein that he was convicted under Section 304 Part-II IPC and sentenced to five years imprisonment and he has already completed more than two years and eight months of his sentence without remission. Thus, he is eligible for first regular parole of 20 days under the parole rules. 4. A notice to show cause was given to respondents and in response thereto the respondents have filed reply to writ petition on 23rd March, 2008, wherein it was admitted that petitioner had been convicted under Section 304 Part-II IPC and sentenced to five years rigorous imprisonment and he has already 2 served the sentence of imprisonment in Central Jail, Kota for three years and seven days including jail remission. The learned Government Counsel also contended that as per report of Superintendent, Central Jail, Kota the conduct of the petitioner was found to be good. 5. The learned counsel for the petitioner contended that till now the petitioner has already undergone the sentence of imprisonment for about three years and six months including remission against his total sentence of imprisonment of five years. He further contended that the impugned order dated 17th January, 2008 passed by Prisoners Release Parole Advisory Committee will reveal that there is total non application of mind on their part as total sentence of imprisonment of the petitioner has been mentioned as life imprisonment in place of five years imprisonment. 6. I have considered the submissions of learned counsel for the parties and examined the impugned order dated 17th January, 2008 in the light of their submissions. Undisputedly, the petitioner had been convicted under Section 304 Part-II IPC and sentenced to five years 3 rigorous imprisonment and not for life imprisonment as mentioned in the order of the Advisory Committee dated 17th January, 2008. The reply to writ petition was filed on 23rd March, 2008, wherein the respondents have admitted that petitioner has already served the sentence of imprisonment of three years and seven days including jail remission. Thereafter a period of six months has also expired, therefore, apparently it is clear that he has already remained in custody for about three years and six months. The learned Government Counsel has also admitted that as per report received from Superintendent, Central Jail, Kota, the conduct of the petitioner was found to be good. 7. As per Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules, 1958, there are two conditions to make a person eligible for consideration for first parole for 20 days. First is that he should have completed 1/4th of his total sentence of imprisonment and his conduct in the jail ought to have been good. Both the conditions are satisfied in the present case, therefore, he was fully eligible for consideration of his case for first parole for 20 days. His application was considered by 4 the Parole Committee, but it appears that the application of the petitioner was not considered properly and non application of the mind of Advisory Committee is apparent as they have not even considered as to what was the total sentence of imprisonment awarded to the petitioner. He was awarded total sentence of five years imprisonment as admitted by the learned counsel for the respondents also, whereas in the impugned order it has been mentioned that he has been punished for life imprisonment. After considering all the facts and circumstances of the case, I am of the view that petitioner is entitled for regular first parole for 20 days. 8. Consequently, the writ petition is allowed and it is directed that petitioner be released on Regular first parole under rule 9 of the Parole Rules for a period of 20 days, provided the petitioner furnishes a personal bond in the sum of Rs. 30,000/- with one surety in the like amount to the satisfaction of the Superintendent, Central Jail, Kota. The parole period of 20 days includes the journey period also. The petitioner will surrender himself on due date. (NARENDRA KUMAR JAIN),J.