The court granted waiver of the condition requiring two sureties for permanent parole, directing release on a personal bond instead due to the petitioner's financial condition and good conduct.
Released on permanent parole on personal bond of Rs.50,000/- instead of furnishing two sureties of Rs.50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Writ Petition No. 414/2021
Kalu S/o Shri Gaji, Aged About 31 Years, R/o Nanana, Police Station Sendra, District Pali (Raj.) Present Address - Patlat Ka Wadiya, Chitad, Police Station Sendra, District Pali (Raj.) (At Present Confined In Open Air Camp, Sanganer, Jaipur (Raj.))
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Tekchand Swami (Through video conferencing) For Respondent(s) : Mr. Farzand Ali, GA cum AAG with Mr. Abhishek Purohit
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE ARUN BHANSALI
Order
13/08/2021
This petition is filed by the petitioner seeking waiver of the condition of furnishing two sureties of Rs.50,000/- each imposed by the State Level Parole Committee while directing release of the petitioner on permanent parole under Rule 9 of the Rajasthan Prisoners Release on Parole Rules, 1958 (Rules of 1958).
Learned counsel appearing for the petitioner contended that the petitioner belongs to lower echelon of the society. It is submitted that due to adverse financial condition, the petitioner is not in a position to furnish the sureties as directed by the State Level Parole Committee.
(2 of 2) [CRLW-414/2021]
It is noticed that the petitioner has already served sentence for 15 years, 3 months and 16 days without remission and 18 years, 1 month and 28 days with remission. Presently, the petitioner is lodged at Open Air Camp. It is not disputed before us that conduct of the petitioner during his stay in jail and thereafter in Open Air Camp was reported to be good.
Thus, taking into consideration the facts and circumstances of the case, we consider it appropriate and direct that the petitioner may be released on permanent parole under Rule 9 of the Rules of 1958 on his furnishing personal bond in the sum of Rs.50,000/-. The order passed by the State Level Parole Committee shall stand modified accordingly.
The petition stands disposed of accordingly.
Copy of this order may be sent to the Superintendent, Central Jail, Jaipur by e-mail.
(ARUN BHANSALI),J
(SANGEET LODHA),J
35-Vij/-
1 issue framed by the court
Whether the condition of furnishing two sureties of Rs.50,000/- each imposed for permanent parole may be waived in favor of a personal bond. The petitioner requested waiver of the condition of furnish
1 provisions across 1 enactments
Kalu S/o Shri Gaji
State Of Rajasthan
SANGEET LODHA
ARUN BHANSALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
