- (1.) THIS writ petition has been filed with the following prayers : " (a) The respondents may kindly be directed to release the petitioner on permanent parole till the case of the petitioner is considered by the Advisory Board. (b) The respondents may kindly be directed to put the case of the petitioner to the Advisory Board for the consideration under the Rajasthan Prisons (Shortening of Sentence) Rules, 1958 for releasing the petitioner on permanent parole under the Rules. (c) Any other appropriate order which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (d) Writ petition of the petitioner may kindly be allowed with costs. "
(2.) IN the previous D. B. Habeas Corpus Writ Petition No. 4302/92, filed by the petitioner, following order was passed on 09. 11. 92 : "this petition has been filed by the petitioner who is undergoing life im-prisonment at Central Jail, Bikaner. He has prayed that his case may be sent to the Advisory Board for consideration under the Rajasthan Prisons (Shortening of Sentence) Rules, 1958 for releasing him on permanent parole. Reply has been* filed by the State and it has been pointed out that the petitioner has completed 16 years, 2 months and 3 days imprisonment including remissions and his case was referred to the Advisory Board on 10. 04. 1992 at Central Jail Bikaner but the Advisory Board did not consider it a fit case for permanent release of the petitioner. Mr. Jasmatia, learned Govt. Advocate submits that the next meeting of the Advisosy Board will be held in January, 1993. Let the case of the petitioner be placed before the Advisory Board for sympathetic consideration in accordance with the rules. The habeas corpus petition is disposed of with the above observations. " Para (1) of page 3 of the reply runs as under : " (l)-That as stated hereinabove since petitioner has become eligible for the consideration of his case by the Advisory Board under the Rules of 1958 therefore, his case will be put-up in the ensuing meeting of the Advisory Board. " In para No. 5 of the reply, it has been stated as under : "due to some circumstances the meeting of the Advisory Board which was scheduled to be held in the month of January, 1993 as per the orders of this Hon'ble Court dated 9. 12. 1992 could not be held and thereafter on account of expiration of the period of non-official members on 18. 2. 1993 the meeting could not be held. Huge correspondence has been made for the appointment of non- official members. However, they have not been nominated till dale and therefore, the meeting of the Advisory Board is being delayed. However, steps are being taken and in near future there is likelihood of meeting of Advisory Board being held in which the case of the petitioner for pre-mature release shall be put-up for consideration. " In view of the aforesaid reply of the respondents, it is not clear as to when the next meeting of the Advisory Board will take place. The convict-petitioner has already undergone sentence for 16 years, 2 months and 29 days by 30. 6. 93. Under these facts and circumstances, the convict-petitioner deserves to be released on parole till the decision of the Advisory Board. Accordingly, the writ petition is partly allowed. The convict- petitioner is released on parole till the decision of the Advisory Board provided he furnishes a personal bond in the sum of Rs. 10,000/- and two surety-bonds in the sum of Rs. 5000/- each and furnishes an undertaking that he would surrender before the Superintendent, Central Jail, Bikaner in pursuance of the opinion of the Advisory Board and consequent order thereon, to the satisfaction of the learned Sessions Judge, Churu. . ;