High CourtsSingle Bench

Balu Singh vs The State of Rajasthan and Others

Rajasthan High Court · Decided on 6 September 2011 · Citation: (2011) 09 RAJ CK 0074

HON’BLE JUDGES
N.K. Jain, J
ACTS & SECTIONS REFERRED
Rajasthan Prisons (Release on Parole) Rules, 1958 — Rule 9
CASE NUMBER
Civil Writ Petition (Parole) No. 5889 of 2011
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Judgment

7 paragraphs · 226 words

Narendra Kumar Jain-I, J.—Heard learned Counsel for the parties.

2.

Convict-Petitioner has preferred this writ petition for grant of first parole of 20 days under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958.

3.

Submission of the learned Counsel for Petitioner is that Petitioner applied for grant of first parole, but till date, he has not been informed whether his application has been accepted or rejected. In these circumstances, Petitioner may be granted first parole of 20 days.

4.

A notice to show cause was given and in response there to, Respondents have filed their reply to writ petition, wherein it has been mentioned that case of Petitioner is still pending under consideration before the competent authority and final decision has yet not been taken on it, therefore, the present writ petition is premature.

5.

I have considered the submissions of the learned Counsel for the parties.

6.

Since application of Petitioner is still pending before the Parole Committee or appropriate authority, therefore, I think it fit and proper to direct the Respondents to decide the application of Petitioner, in accordance with law, at the earliest.

7.

Consequently, the writ petition is disposed off with a direction to Respondents to decide the application of Petitioner for grant of first parole, as early as possible, but not later than a period of three months.