Ram Chandra vs State of Rajasthan and Others

Heard finally. Convict/petitioner Ram Chandra S/o Jagdish, has preferred this parole writ petition from District Jail, Tonk to grant him second parole of 30 days.

The respondents have filed their reply to writ petition, stating therein that appeal of petitioner against his conviction is pending in this Court, therefore, in view of judgment of Division Bench of this Court in Umesh Kumar Singh alias Munna Singh Vs. State of Rajasthan and others, he is not entitled to be released on parole.

The issue involved in the present case as to whether a convict can be granted parole during pendency of his appeal or not, has already been referred to the Larger Bench by the Division Bench of this Court at Principal Seat at Jodhpur in D.B. Civil Writ (Parole) Petition No. 8343/2012- Ramesh Kumar Vs. State of Rajasthan & Ors., vide order dated 11.01.2013, therefore, we are not inclined to accept this writ petition, at this stage.

Consequently, the parole writ petition is dismissed with liberty to convict/petitioner to move fresh application, soon after decision of the Larger Bench on the point, in Ramesh Kumar''s case (supra). Registry is directed to send a copy of this order for information to convict/petitioner.