D. B. CRIMINAL PAROLE WRIT PETITION NO.5004/2008 (SITA DEVI V. THE STATE OF RAJASTHAN) DATE : 12-08-2008 HON'BLE MR. JUSTICE PRAKASH TATIA HON'BLE MR. JUSTICE C. M. TOTLA By Post. Mr. V.R.Mehta, PP, for the State. The petitioner's wife submitted this letter petition, alleging that her husband, who was convicted for the offence under Sections 396, 397 and 398, IPC, has served sentence of more than five years. Her husband has not yet been released on parole, even once. However, in the application, she also stated about some ailments which are not relevant for the purpose of deciding this petition. Reply has been filed by the State and it has been stated in the reply that convict Darshan Singh has undergone the sentence of 5 years, nine months and twenty-six days by 30th July, 2008. Along with the reply, the minutes of the parole committee are also annexed. As per the consideration referred in the said order, it appears that the Superintendent, Central Jail, Bikaner has rejected the prayer of the convict on the ground that the he is not required to be considered in view of Rule 14 (D) of the Parole Rules, 1958, therefore, he cannot be released. The Parole Committee also considered the other facts relating to the family of the convict and about the alleged sickness of the convict's wife. The case of the petitioner's husband should have been considered after obtaining the opinion of the Superintendent, Central Jail, Bikaner about the his conduct during jail period. The sickness of the convict's wife and other family members has no relevance, if the case is made out for release on parole for 20 days. In view of the above, the order dated 27th March, 2008 qua the convict Darshan Singh, is set aside. The respondent shall consider the case of petitioner's husband convict Darshan Singh s/o. Makhan Singh, who is lodged in the Central Jail Bikaner, after obtaining the report about his conduct and shall pass necessary orders within a period of one month from the date of receipt a copy of this order. The petition is allowed accordingly. (C. M. TOTLA), J. (PRAKASH TATIA), J. scd.