In The High Court of Judicature for Rajasthan

Jaipur Bench, Jaipur

O R D E R

D.B. Civil Writ Petition (Parole) No.8955/2013

Aasu @ Aasmohammad Vs. State of Rajasthan & Ors.

Date : 29.05.2013

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr. Justice Narendra Kumar Jain-II

Mr. Nikhlesh Katara, for petitioner.

Instant petition has been filed seeking parole under the

Rules,1958.

It has been informed that the question as to whether

application seeking parole under the Rules,1958 during pendency of

appeal is maintainable or not was referred to the Larger Bench at

Principal Seat Jodhpur in “Civil Reference No.1/2013 (Ramesh Kumar

Vs. State & Ors.)” & that has been answered vide judgment

dt.16.04.2013 & observed as under :-

“Accordingly and in view of the above, the answer of

this Bench to the question of law referred for

adjudication is in the negative. In other words, the

right of an accused/ prisoner/convict to be released on

parole cannot be considered by the State Government

under the provisions of the Rajasthan Prisoners

Release on Parole Rules,1958 during the pendency of

any appeal filed by him/her against his/her conviction”.

In the light of wha