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Rajasthan High Court - Jodhpur

Mahaveer Prasad vs State Of Rajasthan on 21 October, 2022

Bench: Vijay Bishnoi, Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             D.B. Criminal Writ Petition No. 364/2022

Mahaveer Prasad S/o Sh. Amra Ram Ji, Aged About 43 Years, B/
c Jat, R/o Syorana Ka Bas, P.s. Laxmangarh, Dist. Sikar.
(Convict/prisoner Presently Lodged In Central Jail, Bikaner).
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Secretary, Home Dept.,
       Secretariat, Rajasthan, Jaipur.
2.     The Superintendent, Central Jail, Bikaner.
                                                                ----Respondents


For Petitioner(s)        :     Ms. Laxmi Devi
For Respondent(s)        :     Mr. Anil Joshi, GA-cum-AAG
                               Mr. Rajat Chhaparwal



           HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE FARJAND ALI Order 21/10/2022 This parole petition has been filed on behalf of the petitioner being aggrieved with the decision taken by the State Level Parole Committee in its meeting dated 25.04.2022, whereby it is directed that the petitioner shall be released on permanent parole upon furnishing a personal bond of Rs.50,000/- along with two sureties of Rs.50,000/- each.

Learned counsel for the petitioner has submitted that the petitioner is in jail for last around 15 years and has served out 19 years of total sentence including the remission period of 4 years. It is submitted that the petitioner is not in a position to furnish (Downloaded on 21/10/2022 at 09:11:57 PM) (2 of 2) [CRLW-364/2022] two sureties and, therefore, he may be allowed to release on permanent parole on furnishing a personal bond only.

Learned GA-cum-AAG has opposed the prayer of the petitioner.

Having heard learned counsel for the parties, perused the material available on record and taking into consideration the custody period of the petitioner, we deem it appropriate to modify the decision taken by the State Level Parole Committee in its meeting dated 25.04.2022 and direct the respondent to release the petitioner on permanent parole on furnishing a personal bond of Rs.50,000/- only.

Accordingly, this parole writ petition is allowed. The decision taken by the State Level Parole Committee in its meeting dated 25.04.2022 is hereby modified to the extent of furnishing two sureties of Rs.50,000/- each and it is directed that convict/petitioner - Mahaveer Prasad, who is presently lodged in Central Jail, Bikaner, shall be released on permanent parole upon his furnishing a personal bond of Rs.50,000/- only.

However, it is made clear that the other conditions of the decision taken by the State Level Parole Committee in its meeting dated 25.04.2022 shall remain same.

                                   (FARJAND ALI),J                                             (VIJAY BISHNOI),J


                                    Ashutosh-18




                                                          (Downloaded on 21/10/2022 at 09:11:57 PM)




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