1 D.B. Criminal (Parole) Writ Petition No.2929/2008 Mariyam. vs. State of Rajasthan. D.B. Criminal (Parole) Writ Petition No.2929/2008 Mariyam. vs. State of Rajasthan. Date : 18.8.2008 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's husband – Taiyab Khan has been convicted for offence punishable under Section 302 I.P.C. and he has served sentence of 6 years 8 months 18 days as on 16.5.2008 including remission period of 1 year 11 months 12 days. The convict sought release on second parole. According to learned public prosecutor, the convict's parole prayer has been rejected by the decision taken by the parole committee in its meeting dated 13.2.2008 (Annex.R/1) on the ground that the Superintendent of Police has given adverse report. 2 D.B. Criminal (Parole) Writ Petition No.2929/2008 Mariyam. vs. State of Rajasthan. However, the Social Welfare Department has reported in favour of the convict. The Superintendent Jail has also opined against the convict. Learned public prosecutor submitted that total 8 cases were pending against the convict, the list whereof has been provided by him to this Court. We perused the cases which were lodged against the convict. The convict was convicted in criminal case no.64/1993 for offences under Sections 147, 148, 149, 447 and 323 IPC vide judgment dated 31.8.1993 whereas in other criminal cases no.16/1994, 10/1995, 11/1997 and 75/2002, the convict has been convicted. One case of the year 1997 has been shown to be pending against the convict. Looking to the totality of the facts of the case, we deem it proper that the convict should be given one opportunity to resettle in the society as he has already served sentence of more than 6 years. Consequently, this parole petition is allowed and convict Taiyab Khan be released on parole for 20 days on his submitting personal bond of Rs.30,000/- and two 3 D.B. Criminal (Parole) Writ Petition No.2929/2008 Mariyam. vs. State of Rajasthan. sureties of Rs.15,000/- each and on other 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. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya