D.B. CIVIL WRIT (PAROLE) PETITION NO. 5454/2010 Pappu Versus State of Rajasthan Date of Order :: 21.07.2010 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE KAILASH CHANDRA JOSHI By Post Mr. K.R. Bishnoi – Public Prosecutor The petitioner was convicted for the offence under Section 304 Part I IPC by the appellate court and acquitted from the charge of offence under Section 302 IPC. He has also been convicted for the offence under Section 323/34 IPC and under Section 4/25 of the Arms Act. The petitioner was sentenced for 9 years R.I. for the offence under Section 304 Part I IPC and has also been sentenced under other offences referred above with specifically holding that the sentences shall not run concurrently, which is affirmed by the judgment of the Division Bench delivered in D.B. Criminal Appeal No. 1046/2003 decided on 26.05.2010. The petitioner has already served the sentence of 9 years 6 months and 16 days as on 07.07.2010, which includes jail remission of 2 years and 21 days. The petitioner's second parole application was rejected in the District Parole Committee meeting on 17.05.2010 on the ground that if the petitioner is released on parole, then it will also be dangerous for himself and there is possibility of untoward incident. The reasons given are not satisfactory in view of the past track record and in the light of the sentence already served by the petitioner, therefore, the decision of the Parole Committee for the petitioner Pappu S/o Madan Lal is set aside and the respondents are directed to release the petitioner Pappu Ram on parole for 30 days. Consequently, this petition for parole is allowed and it is directed that the petitioner Pappu S/o Madan Lall may be released on parole for a period of 30 days on just and appropriate conditions determined by the Superintendent, Central Jail, Jodhpur to his own satisfaction. The Superintendent, Central Jail, Jodhpur will also give a date for surrender by the petitioner-convict. A copy of this order may be sent to the convict. [KAILASH CHANDRA JOSHI],J. [PRAKASH TATIA],J. Pramod Item No. 75