Harlal vs State of Rajasthan and Others

Convict/petitioner Harlal son of Buddha has preferred this parole writ petition from Central Jail, Ajmer to release him on third parole of 40 days. It is stated in the letter petition that he was released on first and second parole and his conduct in jail as well as during the parole period was satisfactory, therefore, he may be granted third parole of 40 days.

Superintendent, Central Jail, Ajmer has sent its factual report vide letter dated 20th November, 2012, wherein it is mentioned that petitioner has preferred D.B. Criminal Appeal No. 1257/2006 before this Court against his conviction. It is also mentioned that in addition to above conviction, the petitioner has been convicted in another case also.

We have considered the contents of letter petition as well as factual report sent by Superintendent, Central Jail, Ajmer.

Since, appeal of the petitioner against his conviction is pending, therefore, respondents will not exercise their powers to grant parole to the petitioner in view of the judgment of this Court in Umesh Kumar Singh alias Munna Singh Vs. State of Rajasthan and others,

The question as to whether the convict is entitled for grant of parole during pendency of his appeal against his conviction 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 dispose of this writ petition with the liberty to the petitioner to move fresh application for grant of parole soon 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.