SURENDRA SINGH RAJPUT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed to seek regular parole for a period of forty days under the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for short "the Rules of 1958").

(2.) Learned counsel submits that the petitioner has availed first, second and third parole. He has returned back to jail without any default. Looking to conduct of the petitioner, he was sent to open jail. He absconded therein, thus subjected to prosecution, however, a period of more than two years has already passed thereupon. The petitioner has prayed for parole of forty days under Rule 9 of the Rules of 1958, which provides that after third parole, if the convict is not released on permanent parole, he would be entitled to forty days' parole each year. Accordingly, a prayer is made to accept the prayer made in the writ petition.

(3.) Learned Additional Government Advocate has opposed the writ petition. It is submitted that conduct of the petitioner is not such, which may entitle him to get parole. It is looking to the fact that he absconded from open jail. If, at all, he is entitled to the benefit of parole, should be governed by Rule 18 of the Rules of 1958. The petitioner is not entitled to parole for forty days. He is only entitled to seven days' parole.