- (1.) THE petitioner has moved this petition for being released on second regular parole. We have perused the record as well as the reply filed by the respondents. THE conduct of the petitioner has been reported to be satisfactory. Nothing adverse has been pointed out against the petitioner.
(2.) LEARNED counsel for the respondents submitted that there are as many as eight co-accused, who have been convicted along with the petitioner and out of whom, the application of co-accused Aameen Khan has been allowed by this Court today i.e. 30.10.2009 while deciding D.B. Civil Writ Petition (Parole) No. 9526/2009, therefore, all the co-accused should not be ordered to be released on parole at the same time. Taking into consideration the totality of circumstances as well the principles laid down by this Court in several cases relating to grant of parole to the prisoners, we are inclined to allow this petition and direct that the petitioner Mazid Khan shall be released on second regular parole for a period of 30 days. However, we make it clear that Mazid Khan, the petitioner, shall be released by the authorities on second regular parole for a period of 30 days only after return of the co-accused Aameen Khan S/o Umrao Khan, whose petition for being released on first regular parole for a period of 20 days has been allowed by this Court today vide order dated 30.10.2009, as mentioned herein above. Consequently, we allow this petition directing the Superintendent, Central Jail, Kota to release petitioner Mazid Khan S/o Rustam Khan, R/o Village&Post Banskheda, Tehsil Manohar Thana, Police Station Jawar, District Jhalawar (presently confined in Central Jail, Kota) on second regular parole for a period of 30 days, which shall commence from the date of his release, but he shall be released only after return of co-accused Aameen Khan whose petition for being released on first regular parole for a period of 20 days has been allowed by this Court today i.e. 30.10.2009, upon furnishing his surety for a sum of Rs. 50,000 (Rs. Fifty thousand only) along with two sureties of Rs. 25,000/- (Rs. Twenty five thousand only) each to the satisfaction of the Superintendent, Central Jail, Kota on usual terms and conditions, as determined by him. The Superintendent, Central Jail, Kota shall also fix a date for his surrender before the jail authorities. The writ petition stands allowed with the aforesaid directions.;