- (1.) THE petitioner-prisoner, having been convicted for offences under Sections 304-B and 498-A IPC and sentenced, inter alia, to life imprisonment in the judgment and order dated 15.05.2010 as passed by the Additional Sessions Judge (Fast Track) No. 1, Jodhpur, has served the sentence for a total period of 3 years 5 months and 25 days as on 30.06.2012 inclusive of jail remission.
(2.) THE petitioner has sent this letter petition seeking grant of emergent parole for taking care of his house and personal belongings. From the submissions as made in the letter, it appears that the petitioner's parents had expired in the past and his wife has also died. In fact, death of his wife led to the petitioner's conviction under Section 304-B IPC. The petitioner submits that in his house, there were three kuchcha jhupas and there were certain personal belongings whose whereabouts were not known. With these submissions, the petitioner has suggested that for the purpose of taking care of his deserted house and personal belongings, he may be granted 10 days' emergent parole. The respondents in the reply have contended against the submissions of the petitioner, particularly with the submissions that Rule 10-A of the Rajasthan Prisoners Release on Parole Rules, 1958 does not envisage emergent parole on the ground and for the reason as suggested; and that he having not served 1/4th sentence is, at present, not eligible for regular parole. The submission as made by the petitioner regarding caring of the house or belongings after more than three years of his imprisonment does not inspire confidence. It does not appear if he made any such request earlier. Then, so far regular parole is concerned, he has not acquired the eligibility therefor. In the totality of the circumstances, we are not persuaded to grant indulgence to the petitioner at this stage. This petition seeking emergent parole is, therefore, dismissed. However, it is made clear that dismissal of this petition shall not of impediment in consideration of the petitioner's case for regular parole whenever he would acquire eligibility therefor.;