1 D.B. Cr.Parole Writ Petition No.4505/2008 Sugna Ram vs State DATE OF ORDER : - 7.8.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C. M. TOTLA, J. Mr. Kalu Ram Bhati, for the petitioner. Mr.VR Mehta, PP <><><> Heard learned counsel for the petitioner and learned Public Prosecutor. The convict son of petitioner who was convicted in Sessions Case No.32/2003 for offence punishable under Section 396 and 397 IPC and serving life imprisonment has served sentence of 5 years, 8 months and 96 days as on 18th July, 2008 including jail remission, his parole application has been dismissed on the ground that ordinarily the convict under Section 396 and 397 IPC are not eligible for considering their release on parole. It appears from the impugned order/minutes of the 2 Parole Committee dated 22.1.2008 that the parole application has been rejected only on the ground that since the he is convicted under Section 396 IPC, therefore, as Parole Rule 14D, he is not entitled to be release on parole. The reason given is not proper in view of the fact that a person may not be ordinarily eligible for consideration for release on parole but that does not mean that the benefit has been totally denied to that convict who has been convicted under Section 396 IPC. The parole has its own meaning and effect and is granted for re-settlement of the convicts. If the conduct of the convict is not objectionable during his jail period and within jail and there is no danger to the society then, opportunity is to be granted to the convict for re- settlement in the society. In view of the above reasons, the order rejecting petitioner's parole is set aside as there is no other disqualification of the petitioner shown by the Parole Committee. In view of the above, the petition is allowed, the Jail Superintendent is directed to release the petitioner on 3 parole for 20 days after obtaining the personal bond with two sureties, which have been verified by the office of the District Magistrate, Sri Ganganagar itself. (C. M. TOTLA), J. (PRAKASH TATIA), J. c.p.goyal/-