Allowed

Bal Chand v. State of Rajasthan

Rajasthan HC11 Jan 2022CRLW/5/2022

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a writ petition filed by a convict seeking waiver of surety requirements for emergent parole, directing release upon furnishing bond and two standard sureties.

What did the court decide?

Writ petition disposed of; condition of furnishing sureties of Sarpanch and a reputed person waived; petitioner directed to be released on seven days emergent parole upon furnishing personal bond of R

Bal Chand Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Criminal Writ Petition No. 5/2022

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Bal Chand S/o Shri Heera Lal, Aged About 44 Years, At Present Lodged In Central Jail, Bikaner Through His Wife Smt. Sajjan Bai W/o Shri Bal Chand, Aged About 40 Years, B/c Tanwar Rajpur, R/o Kushal Pura Jyoti Nagar P.s. Bakani District Jhalawar.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Of Home Department Jaipur (Raj.)

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The District Collector, Jhalawar.

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Divisional Commissioner, Kota

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The Superintendent, Central Jail, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. K.R. Bhati (through VC) For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG

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HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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11/01/2022

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Issue notice to the respondents.

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Shri Anil Joshi, learned G.A.-cum-A.A.G (In Charge)., accepts notice on behalf of the respondents.

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With the consent of the learned counsel for the parties, the matter is being heard and decided today itself.

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Heard. Perused the material available on record.

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The convict-petitioner Balchand S/o Shri Heera Lal moved an application for grant of emergent parole on the ground of his son’s marriage before the District Level Parole Advisory Committee, Jhalawar. The Committee rejected the petitioner’s

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(2 of 3)

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[CRLW-5/2022]

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application for emergent parole vide order dated 30.11.2021. Being aggrieved with the rejection of his application, the petitioner preferred an appeal before the Divisional Commissioner, Kota assailing the order dated 30.11.2021 passed by the District Level Parole Committee. The Divisional Commissioner vide order dated 08.12.2021 quashed and set aside the order dated 30.11.2021 and granted seven days’ emergent parole to the petitioner subject to his furnishing a personal bond in the sum of Rs.1,00,000/- and two sound and solvent sureties in the like amount (of which, one shall be the Sarpanch, Gram Panchayat Bakani and another shall be a reputed person of the village).

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Mr. Kaluram Bhati, learned counsel representing the convictpetitioner submits that the petitioner is a poor person and is unable to submit sureties of Sarpanch and a reputed person of the village in terms of order dated 08.12.2021 for being released on emergent parole. He thus, implored the Court to accept the writ petitioner and prays that the condition of furnishing sureties of Sarpanch and a reputed person of the village may kindly be waived.

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Having regard to the overall facts and circumstances as available on record, the requirement of furnishing sureties of Sarpanch and a reputed person of the village in terms of order dated 08.12.2021 for being released on emergent parole of seven days is waived and instead it is directed that the petitioner Balchand S/o Shri Heera Lal shall be released on emergent parole of seven days upon furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of the like amount to the satisfaction of the Superintendent Central Jail, Bikaner. However,

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(3 of 3)

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[CRLW-5/2022]

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the other conditions of the order dated 08.12.2021 are

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maintained.

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The writ petition is disposed of accordingly.

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(VINOD KUMAR BHARWANI),J

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(SANDEEP MEHTA),J

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5-Sudhir Asopa/-

Bal Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Bal Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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