It is an admitted position that the accused has served out the sentence of 10 years awarded for the offence under Section 364 IPC which is the restricted category offence under the Rules of 2021. The co-convict and the brother of the petitioner Shri Deen Dayal has been granted parole by the District Parole Advisory Committee, Churu in the very same case. Thus, there is no reason to draw a distinction between the case of the petitioner and that of Shri Deen Dayal. Otherwise also, in view of the consideration made by this Court of the Rules of 2021 in the case of Hadmant Singh @ Hadmata Vs. State of Rajasthan & Ors. (D.B. Criminal Writ Petition No.264/2022 decided on 22.07.2022) , the accused having served out the sentence for the restricted category offence, now there remains no reason to deny him the benefit of parole because the embargo imposed by the Rules of 2021 against grant of parole to a person convicted for the restricted category offence would be lifted, once, the sentence for such offence has been served out by the convict. Thus, we are inclined to grant the concession of second regular parole to the petitioner.
