1 D.B. Criminal (Parole) Writ Petition No.5219/2008 Bhojraj. vs. State of Rajasthan & Ors. D.B. Criminal (Parole) Writ Petition No.5219/2008 Bhojraj. vs. State of Rajasthan & Ors. Date : 26.8.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C.M. TOTLA, J. By Post. Mr.VR Mehta, PP. - - - - - Heard learned Public Prosecutor and perused the reply filed by State. It appears that the petitioner submitted first parole petition no.3095/2007 which was decided by this Court vide order dated 9.7.2007 holding that the grounds given for rejection of the petitioner's parole petition were not sufficient. The matter was sent back to the parole committee for fresh consideration. The petitioner then submitted second parole writ petition no.1572/2008 which was decided by this Court vide order dated 4.7.2008 after observing that the petitioner has already served sentence of 9 years 3 months 16 days as on 5.3.2008 and thereafter, four months have passed and, therefore, the petitioner has 2 D.B. Criminal (Parole) Writ Petition No.5219/2008 Bhojraj. vs. State of Rajasthan & Ors. already served the sentence of 9 years & 7 months and is likely to complete the sentence in very short period and, therefore, no order was passed for release of the petitioner on parole at that stage. Now, the petitioner has again approached this Court by filing this parole writ petition and submitted that in addition to the substantive sentence, there is a fine of Rs.2 lakhs against the petitioner and if the petitioner will not deposit that amount, he will have to undergo more sentence, therefore, no short period is left for completion of his sentence. The petitioner is seeking first parole and by now, he has served sentence of more than 9 years. Since the petitioner is not likely to be released in short period as observed by this Court in its order dated 4.7.2008, therefore, we deem it proper to direct the parole committee to reconsider the case of the petitioner. So far as imposition of fine is concerned, that condition is required to be obeyed by the petitioner because he is a convict under the provisions of the NDPS Act. 3 D.B. Criminal (Parole) Writ Petition No.5219/2008 Bhojraj. vs. State of Rajasthan & Ors. The parole committee is directed to consider the case of the petitioner and pass appropriate order within a period of one month from the date of receipt of copy of this order. With the aforesaid directions, this parole petition is disposed of. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya