Rajasthan High Court - Jodhpur
Vinod Kumar vs State Of Rajasthan ... on 12 September, 2023
Bench: Vijay Bishnoi, Rajendra Prakash Soni
[2023:RJ-JD:28978-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 1395/2023
Vinod Kumar S/o Late Shri Mancharam, Aged About 40 Years, At
Present Lodged In Open Air Camp, Barmer Through His Mother
Smt. Sarju Devi W/o Late Shri Mancharam, Aged About 67
Years, R/o Village Janapura, P.s. Pindwara, District Sirohi.
----Petitioner
Versus
1. State Of Rajasthan, Dept. Of Home, Rajasthan, Jaipur.
2. The District Collector, Barmer.
3. The Dy. Superintendent, District Jail, Barmer.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Mr. Anil Joshi, A.A.G.
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 12/09/2023 This criminal writ petition has been filed on behalf of petitioner, who is presently lodged in Open Air Camp, Barmer, being aggrieved with the condition imposed by the District Parole Advisory Committee, Barmer in its meeting dated 31.07.2023, whereby the petitioner is ordered to be released on 40 days' parole on furnishing personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each.
In the instant criminal writ petition, the petitioner has prayed that he may be allowed to avail 40 days' parole upon his furnishing a personal bond only.
It is submitted by the learned counsel for the petitioner that earlier the petitioner was released on first, second and third parole (Downloaded on 12/11/2023 at 05:46:08 AM) [2023:RJ-JD:28978-DB] (2 of 3) [CRLW-1395/2023] by this Court vide orders dated 28.8.2019, 3.3.2021 and 11.05.2022 respectively upon his furnishing personal bond only. It is also submitted that after availing above paroles, the petitioner surrendered himself before the Jail Authorities within time.
Learned A.A.G. is not in position to dispute the above facts. In such circumstances, we deem it appropriate to direct the respondents to release the petitioner on 4 th parole for 40 days on furnishing a personal bond of Rs.50,000/- only by relaxing the condition of furnishing two sureties of Rs.25,000/- each as imposed by the District Parole Advisory Committee, Barmer in its meeting dated 31.07.2023.
Accordingly, this criminal parole writ petition is allowed and it is hereby directed that petitioner - Vinod Kumar, who is presently lodged in Open Air Camp, Barmer, shall be released on 4th parole for a period of 40 days in pursuance of the order dated 05.08.2023 issued as per the decision taken by the District Parole Advisory Committee, Barmer in its meeting dated 31.07.2023 upon his furnishing a personal bond in the sum of Rs.50,000/- only to the satisfaction of the Dy. Superintendent, District Jail, Barmer.
The condition of furnishing two sureties of Rs.25,000/- each as imposed vide order dated 05.08.2023 issued in pursuance of the decision taken by the District Parole Advisory Committee, Barmer in its meeting dated 31.07.2023 is hereby waived, whereas the other conditions mentioned in the above mentioned order dated 05.08.2023 shall remain same. (Downloaded on 12/11/2023 at 05:46:08 AM)
[2023:RJ-JD:28978-DB] (3 of 3) [CRLW-1395/2023] The petitioner shall surrender himself before the Dy. Superintendent, District Jail, Barmer after availing 40 days' parole from the date of his release.
(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J 31-Babulal/-
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