[1] DBCWP(PAROLE) NO. 15509/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. CIVIL WRIT PETITION(PAROLE) NO.15509/2010 YASHPALI Vs. STATE OF RAJASTHAN & ORS. Date: 08.12.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Mr. Nikhlesh Katara, for the petitioner. Ms. Rekha Madnani, Addl. Govt. Counsel for the respondents. **** Heard learned counsel for the parties Convict-petitioner has preferred this parole writ petition for grant of second parole of 30 days under the provisions of Rajasthan Prisoners Release on Parole Rules, 1958. It is contended that petitioner was earlier granted first parole of 20 days from 26.05.2009 to 14.06.2009 and his conduct during first parole period was satisfactory. Now the period of 11 months expired and the petitioner becomes eligible for grant of second parole, however, his application has been rejected only on the basis of adverse report given by the concerned Superintendent of Police, which is based on no evidence whatsoever. In these circumstances, he may be granted parole. [2] DBCWP(PAROLE) NO. 15509/2010 The respondents in their reply have admitted that conduct of petitioner in jail as well as during first parole period was satisfactory. After considering all the facts and circumstances of the case, we are of the view that District Parole Committee has committed an illegality in not allowing the application of petitioner for grant of second parole and the impugned order dated 28.10.2010 (Annexure- 1) qua petitioner is, therefore, liable to be set aside and the same is hereby set aside. Consequently, the parole writ petition is allowed and it is directed that convict- petitioner Yashpali S/o Shri Materlal shall be released on second parole of 30 days on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand) with two sureties of Rs. 25,000/- (Rs. Twenty five thousand) each to the satisfaction of the Superintendent of the concerned jail. It will be open for the concerned Jail Superintendent to put any other condition as per rule to secure the presence of petitioner. A copy of this order may be sent for information to petitioner and to concerned Jail Superintendent for information and compliance. (RAGHUVENDRA S. RATHORE),J. (NARENDRA KUMAR JAIN),J. /KKC/