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1. Instant petition has been filed by the convict-petitioner (Ganga Devi) through her son (Suresh Lal) seeking permanent parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (for short, the Rules of 1958).

2. The convict-petitioner is presently confined in Central Women Jail, Jaipur and serving sentence of life imprisonment upon being convicted u/s 302/34, 201 IPC and sentenced to life imprisonment by the court of Additional District Judge, Nimbhaheda vide judgment and order dt. 16/05/2003 passed in Sessions Case No.65/1999.

6. We have considered the arguments advanced by counsel for the parties and gone through the material available on record.

7. It would be fruitful to quote Rule 9 of the Rules of 1958 which is reproduced ad-infra:-

RULE 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 third 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; the chief condition among them being that if the prisoner while on parole commits any offence or abets, directly or indirectly, commission of any offence, he has to undergo the unexpired portion of the sentence in addition to any sentence imposed upon him by reason of such an offence. In case the permanent release on parole is rejected, the prisoner will be eligible for release on parole for 40 days every year subject to the same conditions for the remaining of his sentence:

11. The parole rules were introduced for the reason that after the life, the liberty is most important right of a person and if one is entitled to or can be given liberty even for short period, then such liberty cannot depend upon procedural formalities of moving application and seeking liberty. The concept of parole was introduced for the purpose that the convict may breathe in the open air, meet their family members and come in the main stream and when finally released, may not face any stress. Though Rule 14 of the Rules of 1958 prescribes ineligibility for release and we may reproduce the same ad-infra:-

(5) The respondent-State is directed to give benefit of Rajasthan Prisoner (Shortening of Sentence) Rules, 1958 to the eligible persons whenever the prisoners became eligible for the relief under the Rules of 1958 if after consideration of individual's case, the prisoner is found eligible for grant of benefit under the Rules.
(6) The respondents and in particular the Jail Authorities who are otherwise bound to maintain the record of the prisoner should carefully not only keep the record of the prisoners, but should make appropriate entries in the record of making the prisoners aware of the benefits for which they may be entitled to under the above parole rules and shortening of sentence rules.