Rajasthan High Court - Jodhpur
Kailash vs State on 21 February, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writs No. 52/2019
Kailash, S/o Basu @ Baksi Damor Meena, R/o Lakoda Fala Ghati
PS Kherwara, Dist Udaipur (Now Lodged In Central Jail Udaipur).
----Petitioner
Versus
1. State, Through Secretary
2. Collector, Udaipur
3. Superintendent, Central Jail Udaipur
----Respondents
For Petitioner(s) : By Post.
For Respondent(s) : Mr.VS Rajpurohit, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 21/02/2019
1. The petitioner convict was convicted under Sections 363 & 366 of IPC and Section 5L/6 of POCSO Act and sentenced with 10 years rigorous imprisonment and a fine of Rs.11,500/- and in default of payment of fine, to further undergo 1 years & 2 months imprisonment vide judgment dated 20.9.2017. The petitioner has served sentence of 3 years 7 months & 1 days.
2. The District Parole Advisory Committee, Udaipur in its meeting dated 10.7.2018 allowed 20 days first regular parole to the petitioner in accordance with the Rajasthan Prisoners Release on Parole Rules, 1958.
3. The grievance of the petitioner is that looking to his social and economical condition he is not in a position to avail two sureties, as required and he may be released on furnishing personal bond.
(2 of 2) [CRLW-52/2019]
4. Having considered all the facts and circumstances of case, this Court is satisfied that to meet the ends of justice it shall be appropriate to grant parole to the petitioner if he submits a personal bond in the tune of Rs.50,000/- to the satisfaction of the competent authority.
5. Accordingly, this writ petition is allowed. The respondents are directed to release the petitioner on 20 days first parole upon his furnishing personal bond in the sum of Rs.50,000/-. The condition for furnishing two sureties stands waived.
(Dr.PUSHPENDRA SINGH BHATI),J 22-Sphophaliya/-
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