Allowed

Manaram v. State of Rajasthan

Rajasthan HC6 Apr 2023CRLW/249/2023

Case brief

AI extract

What is this about?

This criminal writ petition challenges the requirement to furnish two sureties of Rs.50,000 each for permanent parole. The High Court, noting the petitioner's good conduct and superior court permissions for previous paroles on bond alone, waived the surety requirement.

What did the court decide?

The petitioner is directed to be released on permanent parole on furnishing a personal bond of Rs.50,000 only, waiving the requirement of two sureties of Rs.50,000 each.

Manaram Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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[2023/RJJD/008942]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Writ Petition No. 249/2023

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Manaram S/o Shri Achalaram, Aged About 63 Years, At Present Lodged In Open Air Camp, Barmer (Central Jail Jodhpur) Through His Brother, Dhukaram S/o Achalaram, Aged About 57 Years, B/c Meena, R/o Barla Mewasa Bhadrajune, Police Station Nosara, District Jalore (Raj.)

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----Petitioner

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Versus

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1. The State of Rajasthan through the Secretary, Department of Home, Government of Rajasthan, Secretariat, Jaipur.

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1. The District Collector and District Magistrate, Jodhpur (Raj.)

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1. The Superintendent, Central Jail, Jodhpur.

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----Respondents

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For Petitioner(s)	: Mr. Vishal Singh Bhati
For Respondent(s)	: Mr. Anil Joshi, AAG
	Mr. Rajat Chhaparwal, AAAG

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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06/04/2023

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This criminal writ petition has been filed on behalf of petitioner, who is presently lodged in Open Air Camp, Barmer (Central Jail Jodhpur), being aggrieved with the condition imposed by the State Level Parole Committee in its meeting dated 18.05.2022, whereby the petitioner is ordered to be released on permanent parole on furnishing personal bond of Rs.50,000/along with two sureties of Rs.50,000/- each.

[2023/RJJD/008942]

[CRLW-249/2023]

(2 of 3)

Essentially, the petitioner is aggrieved with the condition of furnishing two sureties of Rs.50,000/- each, therefore, he has prayed in this criminal writ petition that he may be allowed to avail permanent parole upon his furnishing a personal bond only.

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Learned counsel for the petitioner has submitted that earlier also the petitioner has availed three paroles of 20 days, 30 days and 40 days upon his furnishing a personal bond only as per the directions given by this Court in D.B. Civil Writ Petition Nos.2406/2014, 8576/2015 and D.B. Criminal Writ Petition No.123/2022 decided on 21.05.2014, 07.09.2015 and 26.04.2022 respectively. It is also submitted that the petitioner did not breach any condition of the above mentioned paroles and timely surrendered himself before the jail authorities after expiry of parole period. It is further submitted that the financial condition of the family of the petitioner is very poor and the petitioner is unable to furnish two sureties of Rs.50,000/- each as ordered by the State Level Parole Committee in its meeting dated 18.05.20022.

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Learned AAG has opposed this criminal writ petition for parole, however, he is not in a position to dispute the fact that earlier also the petitioner has availed three paroles of 20 days, 30 days and 40 days upon his furnishing a personal bond only.

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Reply to this criminal writ petition has already been filed on behalf of the respondent-State. In the said reply, it is stated that the work and conduct of the petitioner in the jail are satisfactory.

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In view of the above, we deem it appropriate to direct the respondent authorities to release the petitioner on permanent

[2023/RJJD/008942]

[CRLW-249/2023]

(3 of 3)

parole on furnishing a personal bond of Rs.50,000/- only by relaxing the condition of furnishing two sureties of Rs.50,000/each as imposed by the State Level Parole Committee in its meeting dated 18.05.2022.

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Accordingly, this criminal parole writ petition is allowed and it is hereby directed that petitioner – Manaram S/o Shri Achalaram , who is presently lodged in Open Air Camp, Barmer (Central Jail Jodhpur), shall be released on permanent parole in pursuance of the decision taken by the State Level Parole Committee in its meeting dated 18.05.2022 upon his furnishing a personal bond in the sum of Rs.50,000/- only to the satisfaction of concerned Jail Authority. The condition of furnishing two sureties of Rs.50,000/- each as imposed by the State Level Parole Committee in its meeting dated 18.05.2022 is hereby waived.

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(RAJENDRA PRAKASH SONI),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.No.7

Manaram v. State of Rajasthan

Case brief

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Manaram v. State of Rajasthan

Case brief

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