1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B. Writ Petition (Parole) No.11034/2008 (Ram Sahai Versus The State of Rajasthan) Date of Order :: 9th January, 2009 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE GUMAN SINGH By post. Mr. B.K. Sharma, Public Prosecutor for the State of Rajasthan Heard learned counsel for the State and perused the parole writ petition as well as the reply thereto. 2. The convict-petitioner has preferred this parole writ petition for grant of first parole of 20 days. 3. A notice to show cause was given to respondents and in response thereto a reply to the writ petition has been filed, wherein the State has admitted that petitioner has already undergone 5 years, 5 months and 25 days imprisonment as on 25th October, 2008 and as such he has completed 1/4th of his total sentence awarded by the trial court. The learned Counsel for the State also admits that conduct of the petitioner during jail custody was also satisfactory. His submission is that 2 as per adverse report of Police Department, the case of petitioner was rejected by District Parole Advisory Committee in its meeting dated 7th August, 2008. He further submits that petitioner has moved another application for grant of parole and the same is pending, therefore, the present writ petition is liable to be dismissed as premature. 4. We have considered the submissions of learned counsel for the State and examined the contents of parole writ petition as well as reply thereto. A copy of the minutes of the meeting dated 7th August, 2008 of the District Parole Advisory Committee was also referred during the course of arguments, whereby the first application of parole of the petitioner was rejected. According to that minutes, it is clear that application was rejected only on the ground that Police Department has not recommended his case for parole. No specific ground has been given for not granting the parole. As per Rule 9 of the Rajasthan Prisoners (Release on Parole) Rules of 1958, there are only two requirements for considering the case of parole of the convict and both the requirements are established in the present case. In these circumstances, we are of the 3 view that petitioner is entitled for first parole of 20 days. 5. Consequently the parole writ petition is allowed and it is directed that petitioner will be granted first parole of 20 days on furnishing his personal bond and one surety in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) to the satisfaction of the Superintendent of the concerned Jail. The other conditions as per Rules will be imposed by the Superintendent of the concerned Jail. (GUMAN SINGH), J. (NARENDRA KUMAR JAIN),J. DK