Ajay Rastogi, J. - (1.) LETTER petition has been sent 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 22/10/09.
(2.) AS alleged, petitioner was convicted and sentenced U/Ss 436/149, 452, 148, 427/149, IPC to undergo Five years' RI vide judgment dt. 15/05/2008 passed by Addl. Sess. Judge (Fast Track) Jhalawar, in Sess. Case -49/2007. 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 22/10/2009 wherein his case was considered but the Committee rejected his prayer for regular parole on the premise of adverse police report as is evident from order dt. 06/11/09 (Ann.R/3).
(3.) NOTICE was issued vide order dt. 18/01/2009. 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.;