1. - This writ petition has been filed on behalf of prisoner viz., Asha @ Ashanand son of Shri Miyanmal by caste Sindhi resident of Surajpole, Police Station Kaithunipole District Kota (at present confined in Open Jail, Kota) through his wife - Smt. Nirmala for release of the petitioner - Asha @ Ashanand on permanent parole.

2. Facts, in brief as stated in the petition are that the prisoner-petitioner - Asha @ Ashanand was convicted for commission of the offence under Sections 302 and 302/34 I.P.C. and was sentenced initially to death, which sentence was converted into life imprisonment on appeal by the High Court while maintaining the conviction.

3. As per the reply and the documents, Annexure-R/1 being the nominal roll of the petitioner-Asha @ Ashanand from Jail Superintendent, Kota it reveals that as on 8th July, 2010 the prisoner had, in fact, completed 20-years-8-months-&-21-days, including period of remission.

4. It has also been stated in the nominal roll that the prisoner has previously been released on first parole for the period from 19.01.2001 to 17.02.2001 and again remained on emergent parole from 29.08.2001 to 04.09.2001, he was again released on emergent parole from 06.09.2001 to 12.09.2001. He was released on second parole from 14.06.2002 to 13.07.2002 for 30-days and was released on emergent parole from 22.04.2003 to 06.05.2003 and again released on emergent parole from 28.05.2003 to 11.06.2003, he was on emergent parole for the period 27.08.2003 to 10.09.2003 also the petitioner remained on 3rd regular parole for the period from 09.10.2003 to 17.11.2003. He was again released on annual parole from 10.06.2006 to 19.07.2006, 25.10.2007 to 03.12.2007 and 09.10.2009 to 17.11.2009 respectively.

5. As per the nominal roll his conduct in jail has been found to be satisfactory and his mental and physical state is said to be normal. He has not been awarded any punishment in jail.

6. It has also been brought to our notice that looking to the eligibility of the petitioner-Asha @ Ashanand, he was transferred by the concerned authorities to the Open Air Jail, Kota wherein he is presently lodged in accordance with the Rajasthan Open Air Camp Rules, 1972.

7. From the above, it is apparent that the petitioner does not suffer from any of the eligibilities mentioned in Rule 3 of the Rajasthan Prisoners Open Air Camp Rules, 1972.Rule 3 of the said Rules reads as follows :

"3. Ineligibility for admission to open air camp.- The following classes of prisoners shall ordinarily be not eligible for being sent to Open Camp:-

(a) Prisoners whose ordinary place of residence is outside the State of Rajasthan or who have been convicted by a Court Martial.

(b) Prisoners convicted under the Explosive Substances Act, 1908.

(c) Persons who have escaped from the jails or who have attempted to escape from a lawful custody.

(d) Prisoners who have been convicted of an offence or offences under Sections 121 to 130, 216-A, 224, 225, 231, 232, 303, 311, 328, 332, 333, 376, 377, 383, 392 to 402, 435 to 440 and 460 of the Indian Penal Code (Act XLV of 1860).

(e) Prisoners who have been sentenced to less than five years imprisonment.

(f) Prisoners who are habitual with more than two previous convictions of imprisonment to their credit.

(g) Prisoners whose conduct in the jail is not good provided that a prisoner who would have not received any jail punishment for two years preceding the date of the recommendations of his name for admission to the Open Camp may be considered eligible.

(h) Prisoners who are below 25 years of age and above 60 years of age.

(i) Prisoners who are lunatic or have mental deficiency or are physically incapacitated.

(j) Prisoners who have no fixed abode in Rajasthan.

(k) Detenues and civil prisoners.

(I) Prisoners convicted for vagrancy.

(m) Prisoners who are unmarried".

8. At the same time, it may also be mentioned that the eligibility for admission to Open Air Camp has been prescribed under Rule 4, which reads as follows :

"4. Eligibility