This Criminal Writ Petition sought to relax the condition of furnishing two sureties for parole granted earlier. The High Court dismissed the petition on the fact that the petitioner had only served 2 years, 10 months, and 23 days of a seven-year sentence, finding no basis to relax conditions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Writs No. 181/2018
Kalaram
----Petitioner
Versus
State And Ors
----Respondent
For Petitioner(s) : By post For Respondent(s) : Mr. J.P. Bhardwaj, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
24/07/2018
This criminal writ petition has been registered on a letter dated 17.03.2018 received from convict-petitioner through Jail Authority, Central Jail, Jodhpur with a prayer to release him on 20 days’ parole upon his furnishing a personal bond of Rs.50,000/only and the condition of furnishing two sureties of Rs.25,000/- be relaxed in pursuance to the order dated 19.02.2018 passed by this Court in S.B. Criminal Writ Petition No.28/2018 (Kala Ram Vs. State & Ors.).
The petitioner is convicted for the offences punishable under Section 376 IPC and Section 3/4 of Protection of Children from Sexual Offences Act by the Sessions Judge, Jalore vide judgment 03.03.2017 in Case No.20/2016 and sentenced to undergo seven years rigorous imprisonment and a fine of Rs.15,000/- and in default of payment of fine to further undergo one year and three months additional imprisonment.
(2 of 2)
[CRLW-181/2018]
It appears that this Court vide order dated 19.02.2018 passed in S.B. Criminal Writ Petition No.28/2018 (Kala Ram Vs. State & Ors.) has already ordered to release the petitioner on 20 days’ parole provided the petitioner furnish personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- to the satisfaction of the jail authority.
Now the petitioner is praying that the condition of furnishing two sureties of Rs.25,000/- be relaxed.
As per the reply to the criminal writ petition filed on behalf of the respondent-State, the petitioner has only served the sentence of 2 years, 10 months and 23 days up to 05.07.2018.
Having regard to the overall facts and circumstances of the case particularly the fact that the petitioner has only served 2 years, 10 months and 23 days of sentence out of total sentence up to 05.07.2018, I am not inclined to grant the prayer of the petitioner as prayed for in this criminal writ petition.
Accordingly, this criminal writ petition is dismissed.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.64
Kalaram
State And Ors
Vijay Bishnoi
As recorded by the court registry
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