Ajay Rastogi, J. - (1.) INSTANT petition has been filed by prisoner against rejection of his application seeking 1st parole Under Rule 9 of Rajasthan Prisoner's Release on parole Rules, 1958 ("Rules, 1958") on the basis of recommendations made by District Parole Committee (respondents) in its meeting held on 16/03/2010.
(2.) AS alleged, petitioner was convicted and sentenced Under Sections 363, 366, 367(2)(e), IPC to undergo Ten years' RI vide judgment dt. 22/11/2008 passed by Addl. Sess. Judge (Fast Track) No. 2, Sikar, in Sess. Case -47/2007 against which appeal is pending before the High Court. After completion of 1/4th of sentence petitioner claiming himself as eligible, applied for first regular parole for twenty days which was placed for consideration before District Parole Committee in its meeting held on 16/03/2010 wherein his case was considered but the Committee rejected his prayer for regular parole on the premise of adverse police report dt. 23/02/2010 (Ann.R/2).
(3.) IN reply, respondents have not controverted about completion of 1/4th of his sentence, which makes him eligible for grant of regular 1st parole under Rules, 1958 and about any adverse report during his incarceration.;