Rajasthan High Court - Jodhpur
Bandaram vs State on 29 September, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 250/2022 Bandaram, S/o Sh. Cholaram B/c Bheel, R/o Keetnod, P.S. Siwana, Dist. Barmer (Raj.).
(Presently Lodged At Central Jail, Jodhpur).
----Petitioner Versus
1. State, Through Secretary, Home Jaipur.
2. Collector, Jodhpur.
3. Superintendent, Central Jail, Jodhpur.
----Respondents For Petitioner(s) : Ms. Kuber Choudhary For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with Mr. Rajat Chhaparwal JUSTICE DINESH MEHTA Order 29/09/2022
1. The present petition has been registered on the basis of letter forwarded by the Jail Superintendent, written by the petitioner.
2. By way of the present petition, the petitioner has prayed for obliterating the condition of furnishing two sureties imposed by the District Parole Committee, Jodhpur in its meeting dated 29.03.2022 while granting him fifth parole for 40 days.
3. The petitioner is serving the sentence for his conviction under Section 302 of the Indian Penal Code.
4. Inviting Court's attention towards the copy of the minutes of the meeting dated 23.03.2022 by the District Parole Committee, Jodhpur, learned counsel for the petitioner submitted that the (Downloaded on 29/09/2022 at 09:26:19 PM) (2 of 3) [CRLW-250/2022] Committee has recommended grant of parole for 40 days to the petitioner on furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, which has been placed on record by the respondent- State.
5. The petitioner moved an application and prayed that he be granted second parole of 40 days in accordance with the Rajasthan Prisoners Release on Parole Rules, 1958 (hereinafter referred to as "the Rules of 1958") without insisting upon condition of furnishing two sureties.
6. Ms. Kuber Choudhary, learned counsel for the petitioner submitted that petitioner belongs to lower strata of society and therefore, he be released on personal bond without insisting upon two sureties.
7. On the basis of communication dated 27.09.2022, received from the Jail Superintendent, learned Additional Advocate General informs that the petitioner has already availed the benefit of parole on personal bond on furnishing personal bond on four occasions and he has always reported back to Jail.
8. In view of the facts obtaining and in the interest of justice, the petitioner's application for obliterating the condition of furnishing two sureties of Rs.25,000/- each is allowed. The order dated 29.03.2022 is modified to the extent that the petitioner shall be released on 40 days parole upon furnishing a personal bond in the sum of Rs.50,000/- to the satisfaction of the concerned Jail, Superintendent (without insisting upon furnishing two solvent sureties).
9. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose other adequate and reasonable conditions to ensure (Downloaded on 29/09/2022 at 09:26:19 PM) (3 of 3) [CRLW-250/2022] return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his actual release.
10. Ms. Kuber Choudhary, who has been appointed as Amics Curiae by this Court shall be entitled to his remuneration as per the norms set by the State Legal Services Authority.
(DINESH MEHTA),J 152-Ramesh/-
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