1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R D.B.CIVIL WRIT PETITION(EMERGENT PAROLE) NO.5807/2010 Mausam Vs. The State of Rajasthan DATE OF ORDER ::: APRIL 23, 2010 P R E S E N T HON'BLE MR.JUSTICE NARENDRA KUMAR JAIN HON'BLE MRS.JUSTICE MEENA V.GOMBER Mr.Rajesh Sharma, for the petitioner Mr.Sanjay Mehala, Addl.Public Prosecutor BY THE COURT: Issue notice to respondent. Learned Public Prosecutor accepts notice. A copy of the writ petition has been supplied to him. With the consent of the parties, the writ petition was heard finally. Convict petitioner has preferred this emergent parole writ petition for a period of seven days on the ground of marriage of his brother and sister, which is going to take place on 26th & 27th April, 2010. Learned counsel for the petitioner argued that petitioner moved an application for grant of emergent parole on 12th April, 2010, but the same has not been decided so 2 far by the Superintendent of the concerned Jail. The petitioner approached the Jail Superintendent, who orally declined the prayer for grant of emergent parole. He, therefore, submits that a direction may be issued to the concerned Jail Superintendent to decide the application of the petitioner for grant of emergent parole. A convict is entitled to move an application for grant of parole under the provisions of Rajasthan Prisoners Release on Parole Rules, 1958, if he is eligible for the same and it is for the concerned authority to allow or reject or pass any appropriate order on the same as per law, but cannot refuse to decide the application. In these circumstances, we are of the view that the Jail Superintendent should be directed to decide the application of the petitioner forthwith. It is made clear that our observation may not be treated as recommendation for grant of parole. In view of above discussion, the parole writ petition is disposed of with a direction to the concerned Jail Superintendent to decide the application of 3 the petitioner within a period of two days from the date of receipt of certified copy of this order and intimate the result of the application to the petitioner. (Meena V.Gomber) J. (Narendra Kumar Jain) J. BKS/