CW 11261/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11261/2008 Magh Singh Versus State & Ors. Date of Order ::: 30/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Anshuman Saxena, for petitioner Mr. Chetan Bairwa, Addl. Govt. Counsel, for respondents At joint request, matter is finally disposed of at admission stage. Instant petition has been filed by petitioner seeking first parole for twenty days U/r 9 of Rajasthan Prisoner's Release on parole Rules, 1958 (“Rules, 1958”). As alleged, petitioner was involved in a criminal case for offences U/Ss 376, 120-B, IPC, & 3(1)(x) of SC/ST (Prevention of Atrocities) Act, of which he was acquitted but convicted U/Ss 376 & 341, IPC and was sentenced to seven years' RI and is undergoing his sentences awarded by Special Judge (SC/ST Cases) Jaipur in Sess. Case No.146/2006 vide judgment dt.25/07/07 – against which his appeal is pending before this Court; and presently is a prisoner in Central Jail, Jaipur. Petitioner is alleged to have served out 1/4th imprisonment awarded against him without remission and after having become eligible, he applied for grant of first parole U/r 9 of Rules, CW 11261/08 //2// 1958, and based on adverse police report, Advisory Committee declined to grant 1st parole and rejected his case vide order dt.15/09/08 (Ann.1). I have considered contentions of Counsel for parties and with their assistance, examined material on record. R.9 of Rules, 1958, clearly contemplates that if prisoner who has completed with remission, if any, one fourth of his sentence and subject to good conduct in jail, be considered for first parole for twenty days which includes days of journey to home & back. In instant case, there is no such adverse report from jail authority about his conduct being not good while in prison which was required to be considered by the authority while taking decision for grant of first parole U/r 9 of Rules, 1958; and merely because there is adverse police report as alleged, no inference can be drawn that he would get involved in such criminal offence. It is also not case of respondents that petitioner is facing any other criminal offence/ trial under SC/ST (Prevention of Atrocities) Act. There is no material placed on record by which it can be inferred that if parole is granted, petitioner would again involve in such kind of criminal offences; or report of jail authority which may adversely show his antecedents and CW 11261/08 //3// character while in prison, certainly his case is covered for consideration for release on 1st parole U/r 9 of Rules, 1958. In the opinion of this Court, if conduct & behavour of petitioner being good in the jail while having undergone 1/4th of his sentence, and he is otherwise eligible, 1st parole in terms of R.9 of Rules, 1958 is not be to denied and the facts which respondents have taken note of for refusal of 1st parole, in the facts & circumstances of instant case are not legally sustainable. Consequently, writ petition stands allowed and communication dt.15/09/08 (Ann.1) is hereby quashed. Superintendent, Central Jail, Jaipur, is directed to release petitioner (Magh Singh) on 1st parole for twenty days including days of journey to home & back from the date of his release on furnishing his personal bond besides one surety of Rs.30,000/- to the satisfaction of jail authority with the stipulation that he shall surrender himself and return back to the Central Jail, Jaipur, on expiry of twenty days (supra) to be notified by jail authority, and shall maintain peace & tranquility during 1st parole period. In case of failure to surrender by petitioner on stipulated date, the jail authority shall proceed in accordance with law. No costs. (Ajay Rastogi), J. K.Khatri/p3/11261CW08Mar30Prol1st.doc