Allowed

Lala v. State of Rajasthan

Rajasthan HC23 May 2019CRLW/167/2019

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What is this about?

The Court allowed a writ petition by a petitioner seeking waiver of surety conditions for his husband's permanent parole. Finding the convict indigent and from the lowest social strata, the Court waived the need for two sureties, requiring instead a personal bond.

What did the court decide?

The order dated 12.10.2018 was modified to grant permanent parole upon furnishing a personal bond of Rs. 1,00,000/-, waiving the requirement of two sureties.

Lala Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Writ Petition No. 167/2019

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Lala S/o Mohan @ Chandriya, Aged About 35 Years, At Present Lodged In Central Jail Udaipur Through His Wife Smt. Raku W/o Lala, B/c Kalbeliya, R/o Chobeji Ka Kanthariya, P.S. Bhadesar, Distt. Chittorgarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home, Secretariat, Rajasthan Jaipur.

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The District Collector, Chittorgarh.

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The Superintendent, Central Jail, Udaipur.

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----Respondents

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For Petitioner(s) : Mr. K. R. Bhati For Respondent(s) : Mr. Abhishek Purohit, Associate to Mr. Farzand Ali, AAG-cum-GA

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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23/05/2019

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The instant petition has been preferred by the wife of the convict-prisoner Lala, who is serving the sentence in Central Jail, Udaipur, whereby she has prayed for waiver of the condition of furnishing two sureties for release of her husband on permanent parole granted by this Court vide order dated 12.10.2018.

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A reply has been filed by the State Government wherein it is mentioned that the convict-prisoner belongs to a backward class. As per the financial position of the family of the convict-prisoner, it was informed by the Superintendent of Police, Chittorgarh that none of the family members of the convict-prisoner resides in the

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(2 of 2) [CRLW-167/2019]

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vicinity of Police Station Bhadesar, District Chittorgarh, and, therefore, it was not possible to assess the financial condition of the family.

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Taking into consideration the fact that the convict-prisoner belongs to the lowest strata of the society and being indigent, it is considered appropriate by this Court to waive the condition of furnishing two sureties for the release of convict-prisoner on permanent parole.

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Accordingly, the petition is allowed and the order dated 12.10.2018 is modified to the extent that the convict-prisoner shall be released on permanent parole, if not required in any other case on furnishing a personal bond in the sum of Rs. 1,00,000/- to the satisfaction of the Superintendent, Central Jail, Udaipur, without insisting the convict-prisoner to furnish two sureties of Rs. 50,000/- each.

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(VINIT KUMAR MATHUR),J

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19-SunilS/-

Lala v. State of Rajasthan

Case brief

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Lala v. State of Rajasthan

Case brief

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