Rajasthan High Court - Jodhpur
Nandulal vs State Of Rajasthan on 22 May, 2020
Bench: Sangeet Lodha, Rameshwar Vyas
HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Writ Petition No. 160/2020
Nandulal, S/o Shri Hundldas, By Caste Aswani Sindhi, R/o 8/25
Chopasani Housing Board, Police Thana Chopasani Housing
Board, Jodhpur (Raj.).
(At present lodged at Central Jail Jodhpur).
----Petitioner
Versus
1. State of Rajasthan through Home Secretary, Jaipur.
2. Collector, Jodhpur.
3. Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : By post.
For Respondent(s) : Mr. Abhishek Purohit on behalf of
Mr. Farzand Ali, AAG.
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 22/05/2020 This petition received by post, is preferred by the petitioner, a life convict, for waiver of the condition of furnishing of two sureties of Rs.50,000/- each imposed by the State Level Parole Committee while directing release of petitioner on permanent parole.
It is stated in the petition that the petitioner belongs to lower echelon and is not in a position to furnish surety, as directed by the State Level Parole Committee.
The State Level Parole Committee recommended for release of the petitioner on permanent parole on 28.12.2017, however, even after lapse of about two and half years, the petitioner has not been able to produce the sureties, as directed and, therefore, (Downloaded on 22/05/2020 at 09:14:05 PM) (2 of 2) [CRLW-160/2020] he has not been released on permanent parole till this date. It is noticed that the petitioner was earlier released on regular parole on his furnishing personal bond and he returned to the prison after availing the parole well in time.
The factual position noticed as above, is not disputed by the learned counsel appearing for the respondents. Learned Counsel fairly submitted that on the facts and in the circumstances of the case the petitioner may be released on permanent parole on his furnishing personal bond as directed by the State Level Parole Committee.
Accordingly, the writ petition is allowed. The petitioner may be released on permanent parole on his furnishing personal bond in the sum of Rs.50,000/- to the satisfaction of the concerned Superintendent of Jail on usual terms and conditions to be determined by him. The condition imposed by the State Level Parole Committee of furnishing of two sureties of Rs.50,000/- each, shall stand waived.
(RAMESHWAR VYAS),J (SANGEET LODHA),J
9-DJ/-
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