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2004 Supreme(Raj) 1389

RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.S.Rathore, J.
Jitendra Kumar S/o Sita Ram - Appellant
Versus
District Parole Advisory Committee (Collector & District Magistrate) Jaipur and others - Respondent
S.B. Civil Writ Petition No. 215 of 2004 (Parole).
Decided On : 11-03-2004

Advocates:
For the Petitioner:Anoop Dhand, Advocate.
For the Party: Sumitra Goyal, Public Prosecutor.

Headnote:

Rajasthan Release of Prisoners on Parole Rules, 1958, Rule 9 - Constitution of India, Articles 21, 14 and 226 - Directions made to consider parole for 20 days for treatment of accused ailing mother under Rule 9 of Rules of 1958- as his parole declined on ground that had not completed the work allotted to him in Jail.

JUDGMENT

1. - The petitioner was convicted u/s. 363, 366 & 376 IPC and sentenced to undergo 7 years imprisonment. As per the provisions of R. 9 of the Rajasthan Prisoners. Release on Parole Rules, 1958 the petitioner is entitled for 20 days first parole. The petitioner applied for parole but the parole was declined by the Parole Committee on the ground that the petitioner did not complete the allotted work to him in jail. Looking to his conduct the Parole Advisory Board rejected the application of the petitioner vide its order dated 30.6.2003.

2. Having heard learned counsel for the petitioner and the learned Public Prosecutor. I am of the considered view that the respondents should consider the case of the petitioner for the first parole in view of the R. 9 of the Rajasthan Prisoners Release on Parole Rules,1958. If the petitioner does not improve his conduct and also does not discharge the work, which has been assigned to him certainly the petitioner is put entitled to get the second parole. If such practice is permitted then indiscipline among the accused prisoners will increase.

3. Looking to the facts and circumstances of the case after verifying the fact that parole of 20 days is required for treatment of his ailing mother, the respondents may consider the case of the petitioner for the first parole in view of the R. 9 of the Rajasthan Prisoners Release on Parole Rules, 1958.

4. With these observations, the writ petition stands disposed of.Writ petition disposed of.

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