Rajasthan High Court - Jodhpur
Kapil Duggal Alias Ajay Duggal vs State Of Rajasthan ... on 12 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:12289-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 705/2026
Kapil Duggal Alias Ajay Duggal S/o Ashok Kumar, Aged About 45
Years, Resident Of Ward No. 05 Hanuman Colony,near Nehru
College, Police Station City Hansi, District Hisar. (Presently
Confined In Open Air Camp, Bikaner)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Home (Group-12)
Department, Government Of Rajasthan, Jaipur.
2. Director General Jail, Rajasthan, Jaipur.
3. District Collector And District Magistrate,
Bikaner,rajasthan.
4. The Superintendent, Central Jail- Bikaner.
----Respondents
For Petitioner(s) : Mr. Jaidev Singh Bhati
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. K.S. Kumawat
HON'BLE MR. JUSTICE FARJAND ALI
HON'BLE MR. JUSTICE SANDEEP SHAH Order 12/03/2026
1. The present writ petition has been instituted by the petitioner seeking appropriate directions for modification of the in the order dated 06.01.2026 passed by the Dy. Secretary, Home Deptt. wherein conditions imposed while granting him permanent parole, particularly the requirement of furnishing two surety bonds of ₹50,000/- each.
2. The factual matrix giving rise to the present petition reveals that the petitioner is presently undergoing sentence of life imprisonment for the offences punishable under Sections 302, (Uploaded on 17/03/2026 at 03:42:39 PM) (Downloaded on 17/03/2026 at 08:35:59 PM) [2026:RJ-JD:12289-DB] (2 of 4) [CRLW-705/2026] 149, 458 and 148 of the Indian Penal Code in connection with FIR No.195/2011 registered at Police Station Hamirwas. The conviction and sentence were recorded by the learned Additional Sessions Judge, Rajgarh, District Churu in Criminal Case No. 46/2011. It has been brought to the notice of this Court that the petitioner has already undergone a substantial period of incarceration and during his confinement in the Central Jail, Bikaner, his conduct and behaviour have remained peaceful, disciplined and free from any complaint.
2.1. It further transpires from the record that the case of the petitioner was placed before the State Level Parole Committee in its meeting held on 02.12.2025. Upon consideration of the recommendations made by the said committee, the State Government took a decision to release eleven prisoners, including the present petitioner, on permanent parole subject to fulfillment of certain conditions. Consequently, vide order dated 06.01.2026, the Deputy Secretary, Home Department, Government of Rajasthan issued directions for releasing the petitioner on permanent parole on the condition that he furnishes two surety bonds of ₹50,000/- each along with a personal bond of ₹50,000/-. 2.2. The grievance raised in the present petition is that despite the order granting permanent parole, the petitioner has been unable to avail the benefit thereof on account of his inability to comply with the condition of furnishing two solvent sureties of ₹50,000/- each. Hence the instant petition.
3. Learned counsel for the petitioner submits that the petitioner belongs to an economically deprived tribal background and does not possess sufficient financial resources to arrange two solvent (Uploaded on 17/03/2026 at 03:42:39 PM) (Downloaded on 17/03/2026 at 08:35:59 PM) [2026:RJ-JD:12289-DB] (3 of 4) [CRLW-705/2026] sureties in the amount stipulated in the order dated 06.01.2026. As a consequence, though the competent authority has already granted him permanent parole, the petitioner continues to remain in custody solely due to his financial incapacity. 3.1. It has been further submitted that the petitioner is willing and ready to furnish a personal bond of ₹50,000/- and is also capable of arranging one surety bond of ₹25,000/-, but arranging two sureties of ₹50,000/- each is beyond his means. Learned counsel therefore prays that the said condition may suitably be relaxed so that the petitioner may effectively avail the benefit of permanent parole already granted to him.
4. We have heard considered the submissions advanced at the Bar and perused the material available on record. 4.1. It is noteworthy that the competent authority, after due deliberation and upon the recommendation of the State Level Parole Committee, has already found the petitioner suitable for release on permanent parole. The only impediment preventing the petitioner from availing the benefit of the said order is the condition relating to furnishing of two solvent sureties of ₹50,000/- each.
4.2. The object underlying the requirement of sureties is essentially to secure the presence and good conduct of the prisoner during the period of release. However, such conditions cannot be imposed in a manner that renders the order granting parole illusory or incapable of compliance, particularly in cases where the prisoner belongs to an economically disadvantaged background. The administration of parole, being a reformative measure within the criminal justice system, must operate in a (Uploaded on 17/03/2026 at 03:42:39 PM) (Downloaded on 17/03/2026 at 08:35:59 PM) [2026:RJ-JD:12289-DB] (4 of 4) [CRLW-705/2026] manner that balances societal safeguards with humanitarian considerations.
4.3. In the present case, the petitioner's conduct during incarceration has been reported to be satisfactory and there is nothing on record to indicate any likelihood of misuse of the liberty granted to him. The insistence upon furnishing two sureties of ₹50,000/- each, in the circumstances of the present case, appears to operate as an undue hardship which effectively nullifies the benefit of the order granting permanent parole. 4.4. In view of the foregoing considerations, this Court is of the opinion that the ends of justice would be adequately served by relaxing the condition relating to sureties.
5. Accordingly, the writ petition is allowed. The condition requiring the petitioner to furnish two surety bonds of ₹50,000/- each as stipulated in the order dated 06.01.2026 is hereby relaxed and exempted. The petitioner shall be released on permanent parole upon furnishing a personal bond of ₹50,000/- along with one surety bond of ₹25,000/- to the satisfaction of the competent authority.
5.1. Upon fulfillment of the aforesaid conditions and completion of the requisite formalities, the concerned authorities shall ensure that the petitioner is released forthwith in accordance with the order granting permanent parole.
(SANDEEP SHAH),J (FARJAND ALI),J
34-Mamta/-
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