RADHEY SHYAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) HEARD finally. Convict/petitioner, Radhey Shyam S/o. Chhotu Lal, has sent two letters for his transfer from District Jail Tonk to District Jail Jhalawar and to grant him third parole of 40 days.

(2.) THE respondents have filed the reply to writ petition, wherein it is stated that appeal of petitioner against his conviction is pending, therefore, in view of judgment of this Court in Umesh Kumar Singh @ Munna Singh Vs. State of Rajasthan, reported in : 2012(3) WLC (Raj.) 739, the petitioner is not entitled for grant of parole during pendency of the appeal.

(3.) SINCE the judgment of Umesh Kumar Singh vs. State of Rajasthan (supra) has already been referred to Larger Bench for its reconsideration, therefore, we dismiss this writ petition at this stage with liberty to convict/petitioner to move fresh application soon after decision of Larger Bench in case of Ramesh Kumar Vs. State of Rajasthan and Ors., in D.B. Civil Writ (Parole) Petition No. 8343/2012.