GOVIND MATHUR,J. - (1.) This reference is before us to answer the following question:- "Whether the Division Bench of this Court in Ram Avtar Khatik and Ors. v. State of Rajasthan and Anr. (2008(4) R.C.R.(Criminal) 566 : 2008 (3) RLW 2752 (Raj.) was right in holding that the words "all other kinds of parole shall be treated as sentence suspended" incorporated in Rule 12 of the Rules are contrary to the definition of the term "parole" given under Rule 2(d) of the Rules and the period of parole even in emergent conditions as given in Rule 10-A is required to be taken as a part of sentence undergone?"
(2.) To adjudicate the question referred, it would be appropriate to discuss certain provisions of the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as 'the Rules").
(3.) The Rules aforesaid were enacted by the Government of Rajasthan while invoking powers under section 401 of Code of Criminal Procedure, 1973 (1898).;