JUDGMENT 1. - This writ petition has been filed by petitioner Bharat Singh through his brother-in-law Sampat Singh seeking first parole. 2. Contention of learned counsel for petitioner is that petitioner was convicted and sentenced to ten years rigorous imprisonment vide judgment dated 05.10.2011 of learned Special Judge SC/ST Court, Sikar under Section 376 IPC in Sessions Case No. 02/2010. His criminal appeal is pending before this court. He has completed more than three years of his sentence with remission. Petitioner's case for regular parole of 20 days has been rejected by the Advisory Committee in its meeting dated 12.07.2012 on the ground of adverse reports of police and Social Welfare and Probation Officer. Petitioner's case has been recommended by the Jail Authority despite that upon mechanical grounds petitioner's case for first regular parole has been rejected. Learned counsel for petitioner in support of his case, relied on a Division Bench judgment of this court in Bashir Khan v. State of Rajasthan - 2012 (4) Cr.L.R. (Raj.) 1790. wherein also despite adverse reports of Superintendent of Police, Pratapgarh and Social Welfare Officer, Pratapgarh, the court granted regular parole to petitioner therein. 3. One of the grounds on which Social Welfare and Probation Officer has advised that all the three accused cannot be released simultaneously because that might make the situation tense as the complainant is residing only few meters away from house of the accused. If that be so, respondents may decide not to release all the three accused simultaneously but they may decide to release them one after another. 4. Learned Public Prosecutor opposed the prayer of parole but could not controvert the facts afore-stated. 5. Keeping in view the facts afore-stated and the fact that detenue has already served sentence for more than three years out of the total sentence of ten years and that there is no adversity alleged against him even by jail authorities, I am inclined to grant indulgence of regular first parole to petitioner detenue Bharat Singh for twenty days. 6. Consequently, the writ petition is allowed. It is directed that petitioner Bharat Singh S/o late Shri Siyan Singh be released on regular first parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958, for a period of 20 days provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs.
6. Consequently, the writ petition is allowed. It is directed that petitioner Bharat Singh S/o late Shri Siyan Singh be released on regular first parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958, for a period of 20 days provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each, to the satisfaction of the Superintendent of the Central Jail, Bikaner. The parole period of 20 days will include the journey period also. 7. The period of twenty days shall be fixed by the Superintendent, Central Jail, Bikaner. Petitioner is directed to surrender before the jail authorities immediately after expiry of period of parole of twenty days. In case, the petitioner fails to surrender on the stipulated date of surrender, the jail authorities shall immediately inform the trial court, which shall take necessary steps for his arrest. It is also stipulated that during the period of twenty days, petitioner shall remain under the supervision of Probationary Officer appointed by the jail authorities provided under Rule 11 of the Rules of 1958. 8. With the above direction, the petition stands disposed of. A copy of this order be sent to the concerned Magistrate and Superintendent, Central Jail, Bikaner, for necessary compliance.Petition Disposed of. *******