JUDGMENT 1. - Prayer in this petition is for release of petitioner on first regular parole for a period of 20 days under Rule 9 of Rajasthan Prisoners (Release on Parole) Rules, 1958. 2. It is stated that on 24.8.99 the petitioner was involved in a case for offence U/ss. 302 & 498-A IPC. He was convicted by the Addl. District & Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur vide order dated 10th January, 2002 and his appeal bearing No. 118/2002 is pending in this court. The petitioner served 2 years, 4 months and 16 days as under trial and 3 years, 7 months and 13 days as actual sentence and, therefore, total period of imprisonment is six years. In view of provisions contained in Rule 9 of the Rules of 1958, the petitioner is eligible to parole for a period of 20 days. 3. Notice of the petition was given, reply has been filed by the State. 4. The facts are, however, admitted even though, it is argued by Mr. M.L. Goyal, Addl. G.A. that while sending warrants to the petitioner, the concerned court, while convicting him, has not mentioned the period spend by the petitioner as under-trial would be set off and therefore, it cannot be said that the petitioner has undergone the sentence for a period of six years. The contention of learned Addl. G.A. has simply to be rejected. The warrants may not. mention the period spent by a person as under-trial to be set off against his conviction. It is too well settled that the time spend by a person as under-trial has to be set off against the total period of sentence imposed upon him. The petitioner has, thus, undergone sentence for a period of six years which itself entitles him to earn parole for a period of 20 days. That being so, the petition is allowed and the petitioner is permitted parole for a period of 20 days. He shall be released on satisfaction of Superintendent, Central Jail, Jaipur before whom alone he shall surrender after expiry of parole of 20 days. The period of parole would start from the date he is actually released.Parole for 20 days allowed. *******