RISHIRAJ Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) 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.

(2.) 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. State of Rajasthan and Ors., reported in : 2012 (3) WLC (Raj.) 739, petitioner is not entitled for grant of parole during pendency of his appeal.

(3.) 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 and Ors., vide order dated 11.01.2013, therefore, we are not inclined to accept this writ petition, at this stage.