1. Instant petition has been filed by the convict-petitioner availing without permanent parole availing first, second & third regular parole u/r. 9 of the Rules, 1958.

2. The petitioner was convicted for offence u/Sec. 302, 307 & 452 IPC vide judgment dt. 18.07.2001 and sentenced to death penalty, however, his sentence was converted to life imprisonment on appeal being preferred by the convict-petitioner in D. B. Criminal Death Reference No. 1/2001 (Jail Appeal No. 482/2011) State of Rajasthan Vs. Pappu Mali @ Krishna Murari vide judgment dt. 23.11.2001. While converting the death sentence into life imprisonment, this court further directed that the convict shall not be released from jail unless he served 20 years of imprisonment including the period already undergone by him. From the nominal roll of the convict-petitioner (Annex. R/1), which has been placed on record, he has completed more than 20 years 3 months & 23 days as on 14.10.2016. The restriction which was imposed by the court while disposing the appeal vide judgment dt. 23.11.2001 has been complied with by the convict-petitioner.

3. Counsel submits that earlier applications seeking permanent parole are earlier rejected by the Advisory Committee primarily on the ground that the convict-petitioner has not first availed the regular parole (first, second & third) under the Rules, 1958 and that impediment has been examined by the Division Bench of this court in the case of Suraj Giri Vs. State of Rajasthan & Ors. reported in 2010 (4) RLW (Raj.) 3507 and it was held that there is no requirement to avail regular parole (first, second & third) under the Rules, 1958 in holding the convict to be eligible to submit the application for permanent parole. Para Nos. 20 & 21 of the judgment being relevant are reproduced ad infra:-

"20. We may observe here that it is the duty of the jail authorities to maintain the complete record of the prisoners so that their cases for release on parole may be considered by the jail authorities by initiation of proceedings for the prisoners suo motu and if needed, it is duty of the jail authorities to obtain the application of the prisoners for their release on parole and the jail authorities should not wait for the prisoners to initiate the proceeding under the rules after completion of his requisite serving of his sentence of requisite period for grant of first, second and third parole and ultimately, for grant of permanent parole as well as consider the cases of prisoners for release on permanent parole in consonance with observations above and where case requires for premature release of the accused under the Rajasthan Prisons (Shortening of Sentences) Rules, 1958, then to initiate proceedings for premature release so that it can be considered by the appropriate authorities in accordance with the laws applicable to the cases.

21. Consequently, all these writ petitions are allowed and it is directed that:

(1) the cases of the petitioners/prisoner who have served requisite period of sentence and are eligible for consideration for release on permanent parole under the provisions of the Rules of 1958, their cases may be considered by the respondents and if they are found eligible for grant of permanent parole, they be released on permanent parole irrespective of the fact whether petitioners have availed the benefit of first, second and third parole or any of above paroles. This order has no application to the cases where any of the parole prayer has been rejected by the competent authority. Such person's prayer for release on permanent parole be considered on its own merit.

(2) In case prayer for permanent parole of any of the petitioners/prisoner is rejected on its merit after taking care of the observations made in this judgment then such petitioner's/prisoner's prayer for release on parole for 40 days, every year, may be considered by the respondents on merit of each case.

(3) The respondents are directed to see that prisoners lodged in jail