The Court allowed an application to waive the condition of furnishing surety bonds for a bail petitioner, a poor woman with a newborn in judicial custody, and ordered her release on a personal bond only.
Waiver of surety bond conditions; petitioner ordered to be released on a personal bond of Rs. 50,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJP/012022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 93/2023
In
S.B. Criminal Misc. Bail Application No. 16733/2022
Saloni D/o Shri Kunjbihari, R/o House Number 110/4 Jatiji Ke Baghichi, Mandi Khatikaan, At Present Tenant House Of Gopal Pahadia, Opposite Shamshan, Delhi Bypass Road, Mandi Khatikaan, P.S. Ramganj, Jaipur City. (At Present Confined At Distt Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Manvendra Singh For Respondent(s) : Mr. Chandragupt Chopra-PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
25/05/2023
[2023/RJJP/012022]
[CRLMA-93/2023]
(2 of 2)
the petitioner. Counsel submits that looking to the peculiar facts and circumstances of the case and also looking to the fact that infant child of the petitioner is also in judicial custody. Counsel submits that for want of furnishing surety bonds the petitioner is not in a position to come out from the jail. Counsel submits that infant child of the petitioner has right to health and personal liberty under Article 21 of the Constitution of India, so in the interest of justice condition of furnishing surety bond be waived and the petitioner be allowed to release the petitioner on personal bond.
(ANOOP KUMAR DHAND),J
Ashu/119
1 issue framed by the court
Whether the condition of furnishing surety bonds should be waived to release the petitioner on a personal bond due to her poverty and the need to care for her infant child in custody.
Saloni D/o Shri Kunjbihari
State Of Rajasthan
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
