Hariram vs State of Rajasthan and Others

Heard finally. Convict petitioner Hariram son of Ram Kishan has preferred this parole writ petition from Central Jail, Ajmer to grant him second parole of 30 days.

Respondents have filed the reply to the writ petition, wherein it is stated that appeal of the petitioner against his conviction is pending in this Court, therefore, he is not entitled for grant of parole, in view of Circular dated 26th July, 2012 issued by Director General Prison, Rajasthan, Jaipur and the judgment of Division Bench of this Court in Umesh Kumar Singh @ Munna Singh versus State of Rajasthan & Ors. reported in 2012 (3) WLC (Raj) 739.

The question involved in the present case as to whether the convict can be granted parole under the Parole Rules, 1958 during the pendency of appeal or not, has already been referred to Larger Bench in Ramesh Kumar Sharma versus State of Rajasthan & Ors. [D.B. Civil Writ Petition (Parole) No. 8343/2012] vide order dated 11th January, 2013, therefore, we dismiss this writ petition with the liberty to the petitioner to file fresh application for grant of parole after decision of Larger Bench in Ramesh Kumar versus State of Rajasthan & Ors. (supra). Registry is directed to send a copy of this order for information to convict.