V.K. Bali, J. - (1.) By this common order we propose to dispose of two connected matters , D.B. Civil Writ Petition (Parole) No. 4951/2005 Prahlad v. State & Ors. , & D.B. Civil Writ Petition (Parole) No. 4949/2005 Ratna @Ratanlal v. State & Ors. Minimum facts that however need a necessary mention have been extracted from D.B. Civil Writ petition (Parole) No. 4951/2005.
(2.) The prayer of the petitioners in both the petitions is for grant of parole on the basis of Rule 9 of Rajasthan Prisoners Release on Parole Rules, 1958. It has been inter alia pleaded that the petitioner was involved in an offence u/s. 302 IPC on 17.12:1998 and was sentenced to undergo imprisonment for life vide orders passed by the learned trial Court on 22.3.2000. He filed a D.B. Criminal Appeal No. 110/2000 before this Court, which has been dismissed. The petitioner has served imprisonment for about 8 years 5 months and petitioner, Ratna has served imprisonment for about 8 years, 3 months & 19 days respectively and that according to petitioners, as per provision contained in Rule 9 of the Rules of 1958 they are entitled to parole for a period of 20 days. Rule 9 of the Rules of 1958 reads as follows : "9. Parole Period. - A prisoner, who has completed with remission, if any, one fourth of this sentence and subject to good conduct in the Jail, may be released on first parole for 20 days including days of journey to home and back, and for 30 days on second parole provided his behaviour has been good during the first parole and for 40 days on third parole provided his behaviour has been good during the second parole. If during the third parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not likely to relapse into crime, his case may be recommended to the Government through the State Committee for permanent release on parole on such conditions as deemed fit by the Superintendent Jail and the District Magistrate concerned, the chief condition among them being that if the prisoner while on parole commits any offence or abets, directly or indirectly, commission of any offence, he has to undergo the unexpired portion of the sentence in addition to any sentence imposed upon him by reason of such an offence. In case the permanent release on parole is rejected, the prisoner will be eligible for release on parole for 40 days every year subject to the same conditions for the remaining period of his sentence".
(3.) Pursuant to notice that was issued by this Court, the respondent State has filed reply but facts contained in the petition have not been controverted. The right of the petitioners to earn parole for a period of 20 days as per provisions contained in Rule 9, is also not in dispute.;