Rajasthan High Court - Jodhpur
Lalaram vs State on 6 May, 2022
Bench: Sandeep Mehta, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 96/2022
Lalaram S/o Sh. Chunilal, Aged About 30 Years, B/c Bhel, At
Present Lodged In Central Jail, Jodhpur Through His Mother Smt.
Mori Devi W/o Chunilal, Age About 65 Yrs., R/o Village Rana Teh.
And P.s. Rohat Dist. Pali.
----Petitioner
Versus
1. State, Through Secretary Of Home Dept. Jaipur.
2. The District Collector, Pali.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. K.R. Bhati
Ms. Sumitra Choudhary
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 06/05/2022 Heard. Perused the material available on record. The convict-petitioner has been granted seven days' regular parole by the District Parole Advisory Committee, Pali vide order dated 28.12.2021 whereby he has been directed to furnish a personal bond in the sum of Rs.25,000/- and two sureties in the like amount (duly verified by Tehsildar concerned) as a pre-requisite condition for being released on parole. The petitioner has approached this Court by way by of instant writ petition seeking waiver in the condition of furnishing surety bonds in terms of the order dated 28.12.2021 on the ground of his poor financial condition.
Learned Counsel Shri Bhati representing the petitioner submits that by effect of order dated 20.05.2012 passed in D.B. (Downloaded on 06/05/2022 at 08:42:22 PM) (2 of 2) [CRLW-96/2022] Parole Writ Petition No.1080/2012 and order dated 03.03.2017 passed in D.B. Writ Misc. Application No.44/2017, the petitioner was granted first and second paroles on his furnishing personal bond. He thus, implored the Court to accept the instant writ petition and direct release of the petitioner on seven days' regular parole on furnishing personal bond only.
Learned AAG Shri Joshi submits the petitioner remained absconding from the Open Air Camp for a period of three months in the year 2019 and thus, craves dismissal of the writ petition.
Having regard to the facts and circumstances of the case, we feel that the prayer of the convict-petitioner that he may be released on seven days' regular parole on personal bond only cannot be accepted. However, on humanitarian consideration and in order to give one more opportunity to the convict-petitioner for reforming himself and to facilitate his reintegration into the society, the requirement of furnishing two sureties as imposed in the order dated 28.12.2021 is relaxed and it is directed that the petitioner Lalaram S/o Shri Chunilal shall be released on seven days' regular parole upon furnishing a personal bond in the sum of Rs.50,000/- with one sound and solvent surety in the like amount to the satisfaction of the Superintendent Central Jail, Jodhpur. However, the other conditions of the order dated 28.12.2021 shall be maintained.
The writ petition is disposed of accordingly. (VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 17-Sudhir Asopa/-
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