BY THE COURT:-
This parole petition has been filed by petitioner-Smt. Bhanwari Devi seeking her release on 2nd regular parole of 30 days.
Contention of learned counsel for petitioner is that petitioner should be released on 2 regular parole on the premise that she has served out substantive period of sentence of 5 years & 3 months out of total period of sentence of life imprisonment but her application seeking 2 regular parole has not been considered by the District Parole Advisory Committee in view of the judgment of Division Bench of this Court in Umesh Kumar Singh @ Munna Singh v. The State of Rajasthan - 2012 (3) WLC (Raj.) 739 because criminal appeal filed filed by the petitioner against her conviction is pending before this Court.
Heard.
As per contrary judgments of another Division Benches of this Court in Bhanwar Lal Godara v. State of Rajasthan - 2005 (1) WLC (Raj.) 93 and Gani Khan v. State of Rajasthan - 2010 (1) Cr.L.R (Raj.) 378, there is no impediment for release of a convict on parole, whose appeal against conviction has not been decided. Subsequent Division Bench judgment of this court in Sanjay Jain @ Nawab v. State of Rajasthan, D.B Civil Writ (Parole) Petition No. 18721/2012, decided on 28/1/2013, has held the earlier Division Bench judgments would continue to hold field till they are not reversed by the larger bench.
In the light of that, the petitioner is required to approach the District Collector, Sikar for his release on 2 regular parole. District Collector, Sikar shall pass an appropriate order on the application of the petitioner on merit within a period of six weeks from the date of receipt of application coupled with copy of this order and shall not reject the application of the petitioner merely because the appeal against her conviction is pending before this Court.
With that direction, writ petition stands disposed of. A copy of this order be sent to the District Collector Sikar as well as Superintendent Central Women Jail, Jaipur for compliance.