1 D.B. Criminal (Parole) Writ Petition No.3734/2008 Gulab Singh. vs. State of Rajasthan. D.B. Criminal (Parole) Writ Petition No.3734/2008 Gulab Singh. vs. State of Rajasthan. Date : 15.7.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. C.M. TOTLA, J. By Post. Mr.JPS Choudhary, PP. - - - - - Heard. The petitioner/convict was granted parole for 20 days as he was convicted in Sessions Case No.12/99 decided by Special Judge, NDPS Cases, Jaipur on 29.3.2001. The petitioner is facing trial in another NDPS case having no.96/97 pending in the Sessions Court at Hanumangarh. The petitioner sought bail in NDPS case no.96/97 and that bail application was rejected by the trial court vide order dated 22.5.2008 after observing that in old case registered on 19.6.1997, the petitioner remained absconding and, therefore, the said case remained pending. He put in appearance on 5.10.2006 and then only, trial started in the case of 2 D.B. Criminal (Parole) Writ Petition No.3734/2008 Gulab Singh. vs. State of Rajasthan. 1997. It is clear that the petitioner who is convict under the provisions of NDPS Act in Sessions Case No.12/99 and is facing trial for the offences under the provisions of NDPS Act since 1997, we do not find any reason for giving any direction in this petition for release of the petitioner on parole. We are also not aware whether the authorities looked into the aspect that the petitioner was already accused in another case under NDPS Act and when the petitioner was facing trial in a case of 1997 and he was shown to be absconding, then how he was granted parole after conviction in Sessions Case No.12/1999. Apart from above, it will be worthwhile to mention here that in a pending case, the accused can seek bail and he can be released on grant of bail or temporary bail, if needed, and, therefore, any order passed in a regularly instituted criminal case, the order can be passed in that case and the Court cannot pass any order in another case so as to affect judicial custody of the accused in another case. In this case, parole was granted in Sessions Case No.12/99 and any other 3 D.B. Criminal (Parole) Writ Petition No.3734/2008 Gulab Singh. vs. State of Rajasthan. appropriate order can be passed in relation to criminal case no.12/99 and conviction thereunder and not under case no.96/97. In view of the above also, this parole petition is not maintainable. Consequently, this parole petition is hereby dismissed. (C.M. TOTLA), J. (PRAKASH TATIA), J. S.Phophaliya