Mr. P.K. Lohra, J. - (1.) Petitioner, wife of convict prisoner Khaju @ Khawaja Hussain, has invoked extra-ordinary jurisdiction of this Court, enshrined under Article 226 of the Constitution, for seeking first regular parole for the convict, who is presently lodged in Central Jail, Ajmer.
(2.) It is, inter alia, averred in the petition that convict, Khaju @ Khawaja Hussain, was prosecuted for offence under Section 376 IPC and, upon conclusion of trial in Sessions Case No. 75/2014, indicted for the said offence and was handed down ten years' rigorous imprisonment on 4th of June 2015. Being aggrieved by the said verdict, passed by learned Sessions Judge, Bhilwara (for short, 'learned trial Court'), convict preferred an appeal before this Court, which is pending consideration.
(3.) Espousing cause for first regular parole of Khaju @ Khawaja Hussain, it is also averred in the petition that convict has already undergone one-fourth of the sentence awarded by learned trial Court inasmuch as he has already served sentence for more than three and half years. While laying emphasis on Rajasthan Prisoners Release on Parole Rules, 1958 (for short, 'Rules of 1958'), it is pleaded that these Rules are for the welfare of convicts, and therefore, while considering release of prisoners on regular parole, grounds which are relevant and germane under Rule 9 of the Rules of 1958 are to be pressed into service. In that background petitioner has set out a ground that the District Level Parole Committee (for short hereinafter referred to as "Committee") cannot decline regular parole for extraneous reasons or the reasons which are alien to Rule 9 of the Rules of 1958.;