AVINASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A copy of writ petition has been supplied to the learned Additional Government Counsel, appearing on behalf of respondents.

(2.) HEARD finally.

(3.) SUBMISSION of the learned counsel for petitioner is that petitioner's father filed an application for grant of parole before the Inspector General of Prisons, District Collector and the Superintendent, Central Jail, Jaipur on 18.12.2012, for release of petitioner, but the said application has not been considered as yet. He submitted that although no reason in writing has been communicated to petitioner, but it appears that criminal appeal of petitioner is pending against his conviction and in view of judgment of Division Bench of this Court in the case of Umesh Kumar Singh Vs. State of Rajasthan, reported in 2012(3) WLC(Raj.) 739, the State functionaries have been restrained from considering the application for grant of parole under the provisions of the Rules of 1958, where appeal of convict is pending against his conviction, therefore, it will be appropriate to issue directions to respondents to consider and decide the application of petitioner for grant of parole.