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Rajasthan High Court - Jaipur

Pushpa W/O Omprakash vs State Of Rajasthan on 12 December, 2022

Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

         D.B. Criminal Writ Petition (Parole) No. 758/2022

Pushpa W/o Omprakash, Aged About 49 Years, R/o Deep
Darshan Colony, Salempur Road, Ajmer At Present Address Plot
No. 608, Shri Ramteela, Vijay Nagar Kacchi Basti, P.S. Shastri
Nagar Jaipur, At Present Confined In Open Air Camp Sanganer
Jaipur Rajasthan.
                                                                       ----Petitioner
                                    Versus
1.     State Of Rajasthan, Through State Level Parole Advisory
       Committee Jaipur.
2.     The Director General Of Prisons, Directorate Prison,
       Rajasthan Jaipur.
3.     The Superintendent, Central Jail Jaipur.
                                                                   ----Respondents

For Petitioner(s) : Mr. Lakhan Singh Tomar, Advocate For Respondent(s) : Mr. Javed Chaudhary, PP for the State HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Judgment / Order 12/12/2022 Heard.

This petition has been filed under Article 226 of the Constitution of India seeking release of the petitioner on permanent parole on personal bond.

Learned counsel for the petitioner would submit that though the petitioner's application for grant of permanent parole has been allowed, onerous conditions have been imposed and as the petitioner is a lady and belongs to poor section of the society, she (Downloaded on 15/12/2022 at 12:16:51 AM) (2 of 2) [CRLW-758/2022] is unable to comply with the condition of furnishing two sureties in addition to personal bond.

Learned State Counsel would submit that as the petitioner has been granted parole, appropriate conditions at the time of grant of permanent parole have been imposed.

Heard learned counsel for the parties.

Taking into consideration the material on record, the circumstances of the case and that the petitioner is a lady belonging to poor section of the society and that she has served jail sentence of 19 years as per reply of the respondents and on the basis of her good conduct, she has been granted permanent parole, we are inclined to modify the terms and conditions for grant of parole in the manner that insofar as the condition with regard to furnishing of two sureties, each of Rs.50,000/- is concerned, the same is relaxed. The order of parole shall be executed once the petitioner furnishes personal bond of Rs.50,000/- before the competent authority. Moreover, the petitioner, before release on parole, is required to submit her address of permanent residence and present residence along with contact number.

The petition is, accordingly, allowed. (VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J Mohita /11 (Downloaded on 15/12/2022 at 12:16:51 AM) Powered by TCPDF (www.tcpdf.org)