// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ (Parole) Petition No.2094/2008 Noratan @ Nolaya S/o Shri Ram Lal Versus The State of Rajasthan and Others Date of Order ::: 19.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Lakhan Singh Tomar, Counsel for petitioner Shri M.C. Gupta, Additional Government Counsel for respondents #### By the Court:- Admit. Shri M.C. Gupta, Additional Government Counsel, appears for the respondents. Heard learned counsel for the parties. The petitioner has preferred this writ petition for grant of regular first parole for 20 days on the ground that his father is going ill and he wants to go for his treatment. The Advisory Committee rejected his application on the basis of adverse report of the Superintendent of Police, vide order dated 3rd January, 2008. Learned counsel for the petitioner contended that the petitioner has already remained in jail for about 4 years and his conduct, during custody in jail, was also good. // 2 // He further contended that even in the report of the Superintendent of Police, this fact is not disputed that the father of the petitioner is going ill and he requires treatment. Therefore, the first parole of 20 days may be granted to the petitioner. The learned Additional Government Counsel filed reply to the writ petition wherein it was admitted that the petitioner was convicted and sentenced under Sections 366, 366/120B and 376(2)(g) IPC to suffer 10 years rigorous imprisonment and he has already undergone the sentence of imprisonment for about 3 years 6 months and 26 days, as on 11th March, 2008, therefore, it is correct that till now the petitioner has already undergone the sentence of about four years. He also admits that the conduct of the petitioner, during custody in the jail, as informed by the Superintendent of the concerned Jail, was good. He referred the report of the Superintendent of Police, wherein it has been stated that the petitioner is a habitual offender but it is correct that his father is going ill. After considering the submissions of the learned counsel for the parties and the fact that the petitioner has already completed 1/3rd of his sentence of imprisonment awarded by the // 3 // trial court and his conduct, during custody in jail, was also good. The Superintendent of Police has also admitted the illness of his father. The Superintendent of Police has not placed on the record any evidence in support of his adverse report. In these circumstances, I find it to be a fit case to grant parole of 20 days to the petitioner. Consequently, the writ petition is allowed. It is directed that the petitioner be released on regular first parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958, for a period of 20 days provided he furnishes a personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the Superintendent of the concerned Jail. The parole period of 20 days will include the journey period also. (Narendra Kumar Jain) J. //Jaiman//