JUDGMENT 1. - Petitioner is undergoing awarded sentence of ten years RI and fine of Rs. 1 lac in default to undergo one and half years RI per judgment in Sessions Case No. 22/99 decided on 04.04.00 and upheld by High Court. 2. This writ petition requests that period of 64 days of parole be reckoned in his period of sentence undergone. 3. Learned counsel for the petitioner argued that (1) petitioner sentenced for the offence of Section 20 NDPS Act vide order dated 04.02.2000 undergoing sentence (ii) petitioner granted parole four times; (a) for 15 days from 29.08.02 to 12.09.02 (b) for 19 days from 02.05.03 to 20.05.03 (c) for 15 days from 06.12.04 to 20.12.04 (d) for 15 days from 09.08.08 to 23.08.08 4. This period according to provisions of Rule 12 of the Rajasthan Prisoners Release on Parole Rules to be treated as period of imprisonment served by him but respondents are not counting the above mentioned period as sentence undergone. 5. Argued that per rules and as held in D.B. Civil Writ Petition No. 6462/07 vide judgment dated 13.03.08, period of parole is to be counted as period undergone against sentence, so respondents be directed to make 64 days as sentence undergone. 6. Submitted that as bail application No. 172/2000 rejected by this Court on 12.07.01 and till 16.10.09 petitioner served nine years ten months and 12 days. For the period 02.05.03 to 20.05.03 is asserted that during this period he was on interim bail as granted by this court in S.B. Criminal Bail Application No. 301/03 dated 02.05.03. 7. Learned counsel for the petitioner submitted that from 02.05.03 to 20.05.03, petitioner was on interim bail but still he was undergoing sentence so this period is to be taken as sentence served. Argued that applicable rules provide that period of parole is to be counted as period served. In support of contentions, learned counsel relied on decision reported in 2008(3) WLC (Raj.) 785, Ramavtar Khatik & Ors. v. State and decision 13.03.2008 in D.B. Civil Writ Petition No. 6462/2007. 8. Learned Public Prosecutor argued that petitioner on all three occasions was on emergency parole and emergency parole not a kind of parole to be treated as imprisonment served. Inviting attention towards Rule 12 submitted that only regular parole/earned parole is to be taken as sentence served. v. State and decision 13.03.2008 in D.B. Civil Writ Petition No. 6462/2007. 8. Learned Public Prosecutor argued that petitioner on all three occasions was on emergency parole and emergency parole not a kind of parole to be treated as imprisonment served. Inviting attention towards Rule 12 submitted that only regular parole/earned parole is to be taken as sentence served. For the period 02.05.03 to 20.05.03, respondent is averring that it was an interim bail granted by the Court. For this learned counsel states that he does not press for this period.Reading relevant rules in cohesion least it clearly surfaces that .... Considered arguments and reasons. 9. Parole as defined in Rules is a conditional enlargement of a prisoner from the jail under the Rules. Relevant seems to be Rules 9, 9A and 12 of Rajasthan Prisoners Release on Parole Rules, which read as under "9. Parole period - A prisoner, who has completed with remission, if any, (one-fourth) of his sentence and subject to good conduct in the Jail, may be released on 1st parole for 20 days including days of journey to home and back, and for 30 days on 2nd parole provided his behaviour has been good during the 1st parole and for 40 days on third parole provided his behaviour has been good during the second parole. If during the period parole also the prisoner has behaved well and his character has been exceedingly well and if the prisoner's conduct has been such that he is not likely to relapse into crime, his case may be recommended to the Government through the (State Committee) for permanent release on parole on such conditions as deemed fit by the Superintendent Jail and the District Magistrate concerned." "9A. Parole in Emergent Cases-In Emergent cases the Superintendent of Jail shall grant parole up to a period of 7 days only subject to confirmation by the Inspector General of Prisons, and for a period of not more than 15 days by the Inspector General of Prisons." "12. Parole period regarded as imprisonment served-The period for which a prisoner stays on parole under Rule 9, without violating the conditions laid down for the purpose, shall be treated as imprisonment served by him. All other kinds of parole shall be treated as sentence suspended." 10. Parole period regarded as imprisonment served-The period for which a prisoner stays on parole under Rule 9, without violating the conditions laid down for the purpose, shall be treated as imprisonment served by him. All other kinds of parole shall be treated as sentence suspended." 10. According to Rule 9 of the Rules, a prisoner who completes 1/4th sentence with remission can be released on 20 days parole-then on conditions being fulfilled on second parole of 30 days-then again on conditions being fulfilled for a period of 40 days. After completion of 3rd parole, other provisions may also become applicable. 11. 90 days parole granted under Section 9 is to be regarded as imprisonment served. It is admitted that petitioner was enlarged thrice on parole in August 02, December 04 and August 08. Petitioner was convicted on 4.4.00 and thus period of detention under trial was little above six months. First parole granted in August 02-second parole was granted in Dec. 04-then third parole was sanctioned in Aug. 08. At the relevant time, petitioner. fulfilled necessary eligibility criteria for parole under Section 9. It is not that petitioner's request for parole under Section 9, if any, was rejected. Taking and reading relevant rules in cohesion it surfaces and as petitioner parole request never rejected and never given (regular) parole and he abided by parole (emergent) conditions, it ought to be that period of above parole (sanctioned on parameters applicable) to petitioner to the extent of at least 90 days be regarded as imprisonment served.The petition deserves to be decided as above. 12. The petition is partly accepted and it is ordered that 45 days during which petitioner was on parole (in relation to sentence passed in SC No. 22/99 date of decision 4.4.00) be treated as imprisonment served. Accordingly, respondents to act.Writ Petition Allowed in Part as Above. *******