- (1.) BY the Court:- Petitioner has filed this writ petition praying for a direction to the respondents to release him on fourth regular parole for forty days under Rule 9 of the Rajasthan Prisioners Release on Parole Rules, 1958.
(2.) THE petitioner is serving sentence of life imprisonment in Central Jail-Ajmer. He has been convicted for the offence under sections 148,323,341 and 302/149 IPC. He has applied for his release on fourth regular parole for a period of forty days before the District Collector, Ajmer but his application for release on parole has not been considered because of pendency of his criminal appeal being D.B. Criminal Appeal No.450/2005 against his conviction before this court, in view of the judgment of a Division Bench of this Court in Umesh Kumar Singh @ Munna Singh Vs. The State of Rajasthan ­ 2012 (3) WLC (Raj.) 739. As per contrary judgments of another Division Benches of this Court in Bhanwar Lal Godara and Others Vs. State of Rajasthan and Others ­ 2005 (1) WLC (Raj.) 93 and Gani Khan Vs. State of Rajasthan ­ 2010 (1) Cr.L.R. (Raj.) 378, there is no impediment for release of a convict on parole, whose appeal against conviction has not been decided. Subsequent Division Bench judgment of this court in Sanjay Jain @ Nawab Vs. State of Rajasthan and Others, D.B. Civil Writ (Parole) Petition No.18721/2012, decided on 28.01.2013, has held the earlier Division Bench judgments would continue to hold field till they are reversed by the larger bench.
(3.) IN that view of the matter, we remit the matter to District Advisory Parole Committee for deciding the application for fourth parole of the petitioner afresh on merits and not to dismiss the same only because of pendency of appeal, within a period of four weeks from the date a copy of this order is submitted before them. A copy of this order be sent to Superintendent of Jail, Ajmer for compliance. The writ petition accordingly stands disposed of.;