1. This petition for writ is preferred by convict prisoner Shri Bhanwarlal to have a direction for the respondents to award him 30 days regular parole as per provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules of 1958').

2. As per the facts available on record the petitioner is languishing himself in Central Jail, Jodhpur being sentenced to undergo life term imprisonment on conviction for an offence punishable under Section 302 Indian Penal Code under judgment dated 10.3.2011 passed by learned Additional Sessions Judge (Fast Track), Balotara. He has already served sentence for a period of 7 years and 24 days as on 30.11.2014 including State and Jail remission.

3. The District Parole Advisory Committee, Barmer in its meeting dated 24.11.2014 considered his case for grant of parole as per provisions of the Rules of 1958 but denied the same on the count that the convict prisoner failed to provide any appropriate reason to have parole.

4. The petitioner in the petition for writ has levelled serious allegations of demanding bribe by the Station House Officer, Police Station Nagana to convey positive remarks to the District Parole Advisory Committee, but we are not examining that as the Station House Officer concerned is not before us as a party respondent in his personal capacity.

5. Heard.

6. The Government of Rajasthan exercising authority under sub-section (6) of Section 401 Code of Criminal Procedure, 1898 (corresponding provision Section 431 Code of Criminal Procedure, 1973) made the Rules of 1958. As per clause (d) of Rule 2 of the Rules of 1958 parole' means conditional enlargement of a prisoner from the jail under the Rules of 1958. As per Rule 3 of the Rules aforesaid a prisoner sentenced to imprisonment for not less than one year, subject to exceptionally good behaviour, be allowed by the Superintendent Jail, in which he is confined, to submit application for parole in triplicate in Form-1. The application submitted is required to be forwarded to the District Magistrate by the Superintendent Jail concerned after completing the formalities as required under Rule 4 of the Rules of 1958. Rule 5 of the Rules of 1958 provides complete procedure for considering an application submitted by a prisoner as per Rule 3 and forwarded to the District Magistrate by Superintendent Jail as per Rule 4 of the Rules of 1958. The District Magistrate at the first instance is required to consult the Probation Officer and if necessary to the Superintendent of Police of the District concerned. In case the District Magistrate after having such consultation raises no objection to let off the prisoner on parole, he would send all the papers in original to the District Parole Committee for orders stating the conditions on which the prisoner may be released on parole. As per clause (a) of Rule 5, an application forwarded to the District Parole Advisory Committee by the District Magistrate is required to be considered by the committee only to settle conditions on which prisoner may be released on parole. In view of the provisions discussed above, primarily it is duty of the District Magistrate to approve or disapprove the application for grant of parole and presentation of an application before the District Parole Advisory Committee by the District Magistrate pre-supposes that the District Magistrate is having no objection to let off the prisoner on parole. The District Parole Advisory Committee is also empowered to accept or reject the application on receiving the recommendation of the District Magistrate and while considering that may also consult the Presiding Judge of the Court before or by which conviction was recorded or confirmed.

7. From perusal of the minutes placed before us it appears that the District Magistrate, Barmer in the instant matter without applying his mind for its approval or disapproval, placed the application submitted by the petitioner before the District Parole Advisor