Partly allowed

Sahib Hussain S/O Sukul Mohammad v. State of Rajasthan

Rajasthan HC19 Apr 2023CRLW/500/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan, in a writ petition for parole, modified an order dated 07.02.2023 to waive the requirement of furnishing two sureties. The petitioner, unable to provide them due to financial constraints, was granted release on a personal bond instead. The court directed authorities to review similar financial cases.

What did the court decide?

The order dated 07.02.2023 was modified to release the petitioner on permanent parole by furnishing only a personal bond of Rs.50,000, waiving the requirement for two sureties.

Sahib Hussain S/O Sukul Mohammad Vs State… — Pension and Retirement Benefits | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

D.B. Criminal Writ Petition(Parole) No. 500/2023

¶3

Sahib Hussain S/o Sukul Mohammad, Aged About 38 Years, R/o Dahi Matuta, Police Station Unch Ka Gaon, District Gopalganj(Bihar).(At Present In Open Air Camp Sanganer, Jaipur)

¶4

----Petitioner

¶5

Versus

¶6

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

¶7

The Deputy Secretary, Department Of Home(Group-12), Government Of Rajasthan, Government Secretariat, Jaipur.

¶8

The District Magistrate, Gopalganj(Bihar)

¶9

Superintendent Central Jail, Jaipur.

¶10

----Respondents

¶11

For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. N.S. Gurjar, Assistant Govt. Advocate

¶12

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

¶13

Order

¶14

19/04/2023

¶15

Petitioner has preferred this Criminal Writ Petition (Parole) with a limited prayer for waiving the condition of furnishing two attested sureties imposed by the Department of Home (Group-12) Government of Rajasthan vide order dated 07.02.2023, on the ground that financial condition of the petitioner is ordinary.

¶16

Report was sought from the learned State Counsel with regard to financial status of the petitioner. A report has been received from SHO PS Unch Ka Gaon, District Gopalganj. From perusal of which, it

¶17

[CRLW-500/2023]

¶18

(2 of 3)

¶19

is revealed that financial condition of the petitioner is very ordinary. He is not in a position to furnish sureties imposed by the Authority and thus, he is unable to avail the benefit of parole.

¶20

We have perused the order dated 07.02.2023 and have perused the report with regard to financial status of the petitioner submitted by the SHO PS Unch Ka Gaon, District Gopalganj. 4. From perusal of the order dated 07.02.2023, it is evident that petitioner was granted parole on furnishing of personal bond of Rs.50,000/- and two sureties of Rs.50,000/- each. Petitioner was unable to produce the sureties imposed by the Authority and was thus unable to avail the benefit of parole.

¶21

Since, parole application filed by the petitioner has been allowed and the only prayer of petitioner is to waive the condition imposed by the Authority with regard to furnishing of two sureties, this Court deems it proper to dispose of the present Criminal Writ Petition (Parole) and modify the order dated 07.02.2023, qua the petitioner.

¶22

Consequently, the present Criminal Writ Petition (Parole) is disposed of and the order dated 07.02.2023 passed by the Department of Home (Group-12) Government of Rajasthan is modified to the extent that the petitioner shall be released on permanent parole on furnishing of personal bond of Rs.50,000/- only. The condition of furnishing of two attested sureties of Rs.50,000/each is waived.

¶23

We direct the Home Secretary, State of Rajasthan, to call for the report of all the prisoners who have not been able to avail the parole on account of their financial condition and in such cases direct

¶24

[CRLW-500/2023]

¶25

(3 of 3)

¶26

the authorities to pass appropriate orders, waiving or modifying the condition of furnishing of sureties.

¶27

A copy of this order be sent to Home Secretary, State of Rajasthan, for necessary compliance.

¶28

(BHUWAN GOYAL),J

¶29

(PANKAJ BHANDARI),J

¶30

HEENA/10

Sahib Hussain S/O Sukul Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sahib Hussain S/O Sukul Mohammad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sangram Singh S/O Shri Radheshyam @ Tunda Sahariya Vs State of Rajasthan

Kukki @ Kanwar Bahadur S/O Nandlal Vs State of Rajasthan

Dinesh Kumar S/O Rameshwar Vs State of Rajasthan

Sonu @ Lokesh Son of Shambhupuri Vs State of Rajasthan

Rotan Singh S/O Madan Singh Vs State of Rajasthan

Abdul Nafiz@Banti S/O Abdul Hafiz Vs State of Rajasthan