- (1.) These two petitions have been filed by the self same convict petitioner who has been convicted u/S 376 (2)(g) IPC & sentenced to undergo life imprisonment vide judgment dt.18-10-2013. He has not availed regular parole to which he may be entitled for after due compliance of pre-requisite conditions referred to u/R 9 of the Rules,1958.
(2.) The convict petitioner has invoked R.10A of the Rules,1958 seeking emergent parole at this stage in CWP-3346/2017 on the premise that his sister's marriage is going to be solemnized on 4-4-2017 and the marriage card is on record, at the same time second petition (CWP-3479/2017) has been filed seeking emergent parole u/R. 10A of the Rules,1958 on the premise that he is a student of BA Part-III and intends to appear in the examination being held by the University of Rajasthan. Although as per the nominal roll on record his jail conduct is satisfactory. We consider it appropriate to quote R.10A of the Rules,1958 as under :- "[10A. (i) Notwithstanding the provisions of rules 2 [3,4,5] 9 and 10 in emergent cases, involving humanitarian consideration viz. (1) critical condition on account of illness of any close relations i.e. father, mother, wife, husband, children, brother or unmarried sister; (2) death of any such close relation; and (3) serious damage to life or property from any natural calamity. [(4) Marriage of a Prisoner, his/her son or daughter or his/her brothers/sister in case his/her parents are not alive.] A prisoner 4 [xxx], 5 [may] be released on parole for a period not exceeding 7 days by the Superintendent of the Jail and for a period not exceeding 15 days by the Inspector General of Prisons. 6[District Magistrate] on such terms and conditions as they may, consider necessary to impose for the security of the prisoner including a guarantee for his return to the Jail, acceptance or execution whereof would be a condition precedent to the release of such a prisoner on parole. 7"(i-a)Notwithstanding anything contained in these rules, where a pregnant woman prisoner applies for parole to have her delivery out side the prison, the Director cum Inspector General of Prisons may grant parole to such a woman prisoner for a period not exceeding forty five days on such terms or conditions as he may consider necessary to impose for the security of the prisoner including a guarantee for her return to Jail, acceptance or execution whereof shall be a condition precedent to the release of such prisoner on parole. Provided that no prisoner shall be granted or released on parole under this sub-rule, if, in the opinion of the Director cum Inspector General of Prisons, the prisoner is under high security risk or is undergoing sentence for committing a grave offence" (ii) A copy of the order for release of prisoners on parole shall be endorsed to the next higher authority giving full circumstances under which the parole has been allowed.] 8 [In case the next higher authority does not approve the grant of parole, he may ask the authority granting the parole to revoke the same who shall act accordingly.] "
(3.) From perusal of the above provision, we find that either of the grounds which he has raised seeking emergent parole are not covered u/R.10A of the Rules,1958.;