Rishiraj vs State of Rajasthan and Others

Heard finally. Convict/petitioner Rishiraj S/o Ram Gopal has preferred this parole writ petition from District Jail, Tonk to grant him third parole of 40 days. Convict/petitioner also filed a separate application for his transfer from District Jail, Tonk to District Jail, Jhalawar.

The respondents have filed their reply to writ petition, wherein it is stated that appeal of petitioner against his conviction is pending in this Court, therefore, as per judgment of Division Bench of this Court in Umesh Kumar Singh @ Munna Singh Vs. The State of Rajasthan and Others, , petitioner is not entitled for grant of parole during pendency of his appeal.

The issue involved in the present case as to whether a convict can be granted parole during pendency of his appeal or not, has already been referred to the Larger Bench by the Division Bench of this Court at Principal Seat at Jodhpur in D.B. Civil Writ (Parole) Petition No. 8343/2012- Ramesh Kumar Vs. State of Rajasthan & Ors., vide order dated 11.01.2013, therefore, we are not inclined to accept this writ petition, at this stage.

Consequently, the parole writ petition is dismissed with liberty to convict/petitioner to move fresh application, soon after decision of the Larger Bench on the point, in Ramesh Kumar''s case (supra).

So far as transfer of petitioner from District Jail, Tonk to District Jail, Jhalawar is concerned, petitioner should first approach the Superintendent of the concerned jail by way of application. If such an application is filed, then the same will be forwarded to the competent Committee for its consideration, in accordance with law. Registry is directed to send a copy of this order for information to convict/ petitioner.