- (1.) HEARD learned counsel for the parties.
(2.) CONVICT -petitioner Ramesh Kumar S/o Dashrath Kumar Khatri, has preferred this parole writ petition, by post, from Central Jail, Bikaner, to grant him permanent parole stating therein that he has already undergone the sentence of imprisonment of about 14 years and 3 months, his conduct in Jail is satisfactory and at present, he is in Open Air Camp, Bichhwal. A notice to show cause was issued by this Court on 22.08.2012 and in response thereof, the respondents have filed reply to writ petition, wherein, apart from other submissions, it has been submitted that petitioner was convicted and sentenced under Section 302 IPC to Imprisonment for Life. Thereafter, he preferred D.B. Criminal Jail Appeal No.154/2002, which was dismissed by this Court, vide judgment dated 02.03.2006. Thereafter, the petitioner preferred Special Leave Petition before the Hon'ble Apex Court, which is pending consideration.
(3.) THE respondents have further stated that Division Bench of this Court in Umesh Kumar Singh @ Munna Singh & 12 Ors. Vs. The State of Rajasthan & Ors., reported in 2012 (3) W.L.C.(Raj.) 739, has taken a view that the powers of the State Government under the Parole Rules cannot be exercised so long as an appeal by a convicted person is pending and the appellate court is in seizin of the case. It is further contended that on the basis of above judgment, the State Government has issued a Circular No. Ba.Sha./Jaipur / 112/2012/18324-60, dated 26.07.2012, whereby it has been directed that prisoners, whose appeals against their conviction are pending consideration, are not entitled to be released on parole.;