Rajasthan High Court - Jodhpur
Hanif Khan vs State Of Rajasthan on 5 December, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 440/2022
Hanif Khan S/o Shri Garu Khan, Aged About 59 Years, B/c
Mohammedan, R/o Bacholiya, Police Station Vijay Nagar, Distt.
Sri Ganganagar. (Presently Lodged In Central Jail, Bikaner)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Home Department
Secretariat, Rajasthan, Jaipur.
2. The Superintendent, Central Jail, Bikaner.
----Respondents
For Petitioner(s) : Ms. Laxmi Ramawat
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR Order 05/12/2022 Heard. Perused the material available on record. The convict petitioner Hanif Khan has been granted emergent parole of ten days by order dated 12.09.2022 passed by the District Magistrate, Bikaner whereby he has been directed to furnish a personal bond in the sum of Rs.1,00,000/- and two sureties in the sum of Rs.50,000/- each to the satisfaction of District Magistrate, Ganganagar as a pre-requisite condition for being released on parole. The convict-petitioner has approached this Court by way of this writ petition seeking waiver of the condition of furnishing surety bonds owing to his poor financial position.
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(2 of 2) [CRLW-440/2022] In compliance of the order dated 01.12.2022, learned AAG Shri Joshi has furnished the factual report as per which by effect of order dated 04.08.2021 passed in D.B. Criminal Writ Petition No.312/2021, the petitioner has satisfactorily availed emergent parole of seven days on furnishing personal bonds. Shri Joshi has also placed on record the family status report of the convict- petitioner, forwarded by the Office of the District Superintendent of Police, Srigangangar, as per which, the financial condition of the convict's family is poor.
Having regard to the overall facts and circumstances of the case and considering that by effect of order dated 04.08.2021 passed in D.B. Criminal Writ Petition No.312/2021, the petitioner has availed emergent parole of seven days without any complaint whatsoever on furnishing personal bond, we deem it proper to release the petitioner on emergent parole of ten days by waiving the condition of furnishing two surety bonds as imposed in the order dated 12.09.2022 passed by the District Magistrate, Bikaner and it is directed that the convict petitioner Hanif Khan S/o Shri Garu Khan shall be released on emergent parole of ten days upon his furnishing a personal bond in the sum of Rs.1,00,000/- to the satisfaction of District Magistrate, Sriganganagar. However, the other conditions of the order dated 12.09.2022 are maintained.
The writ petition is disposed of accordingly.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
32-Sudhir Asopa/-
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