1 D.B. Criminal (Parole) Writ Petition No.5209/2008 Pritam Singh. vs. State of Rajasthan & Ors. D.B. Criminal (Parole) Writ Petition No.5209/2008 Pritam Singh. vs. State of Rajasthan & Ors. Date : 20.8.2008 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. The petitioner was convicted for offence under Section 302 IPC has been sentenced to life imprisonment. The petitioner has served sentence of 14 years 9 months 20 days as on 6.8.2008. He sought his premature release but that was rejected only on the ground that he has availed the benefit of release on parole once only and the cases of those convicts who have availed the benefit of release on parole three times only, can be considered for release on permanent parole. 2 D.B. Criminal (Parole) Writ Petition No.5209/2008 Pritam Singh. vs. State of Rajasthan & Ors. The reason given is absolutely illegal as the parole is a benefit given to the convict for resettling in the society. The parole cannot be thrusted on the convict. The convict himself can waive this benefit. The release on permanent parole or by shortening of sentence is not dependent on the fact that the convict availed the benefit of 20 days, 30 days or 40 days parole or not ? The rejection of parole may be relevant fact while taking decision for release of convict on permanent parole or premature release as rejection of parole is after considering the merits of each individual case and that rejection may be due to the conduct of the petitioner. Be it as it may be, merely on the ground that the convict has not taken the benefit of parole for three times is no ground for rejection of the prayer for premature release or permanent parole. In view of the above, the order of the Director General Prisons dated 22.2.2008 is set aside with a direction to the Director General Prisons to consider the case of the petitioner within a period of one month from the date of receipt of copy of this order. The petitioner's not taking the benefit of release on 3 D.B. Criminal (Parole) Writ Petition No.5209/2008 Pritam Singh. vs. State of Rajasthan & Ors. parole on earlier occasions shall not be considered as disqualification. This parole petition is allowed accordingly. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya