1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 6708 of 2008 JASVINDRA KAUR V/S STATE BY POST Mr. KR BISHNOI, P.P. for the respondent Date of Order : 16.2.2009 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned Public Prosecutor, and perused the application for parole. It is contended in the reply that the petitioner had filed earlier parole application no. 976/2008 wherein directions were issued on 3.3.2008 to reconsider the application of the petitioner for grant of parole. Accordingly the application was forwarded on 2.4.2008, and fresh comments were sent on 22.4.2008. That parole application was dismissed on 28.4.2008 on the ground of petitioner's being habitually remaining absent from the workshop of the jail. With this it is contended that while deciding parole petition filed by the petitioner's husband this Court has been pleased to direct the petitioner to file fresh application for parole after a period of six 2 months from the date of the order dt. 12.8.2008. In all these pleadings are neither detail of the parole application has been given, nor the copy of the order dt.12.8.2008 has been filed. Obviously, so far as the parole application no. 976/08 is concerned, that appears to have been decided on 3.3.2008, and pursuant thereto parole application was considered afresh, and was dismissed on 28.4.2008. So far as the allegation about habitual absence of the accused in the workshop is concerned, vide order dt. 12.1.2009 learned Public Prosecutor was directed to produce record about habitual absence of the petitioner, but none has been produced. Likewise, vide order dt. 15.12.2008 the learned Public Prosecutor was directed to give specific reply as to when he was released on parole (interim bail), when did he surrender, and what has been his antecedents during that period. To this an additional affidavit has been filed by the Supdt. Central Jail, Bikaner about the conduct of the convict being satisfactory during interim bail from 24.9.2004 to 23.10.20094, and in the earlier affidavit dt. 16.1.2009 it is testified by the Jail Supdt. in para-3 as under:- “3. That on examining, it has been found that presently conduct and work of the convict in the jail is satisfactory.” 3 Thus, in our view, this is a fit case for grant of first regular parole for 20 days to the petitioner. Accordingly, the application is allowed, and the accused Jaspal s/o Shishupal, r/o Ariyawali, Tehsil Nohar Dist. Hanumangarh be released on parole for 20 days on his submitting personal bond of Rs.30,000/- and two sureties of Rs.15,000/- each and on other just and appropriate conditions determined by the Superintendent, Central Jail, Bikaner to his own satisfaction. However, the latest colour photograph of accused and sureties shall also be taken. The Superintendent, Central Jail, Bikaner will also give a date for surrender. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/