Rajasthan High Court - Jodhpur
Soma Ram vs State Of Rajasthan (2023/Rjjd/007174) on 22 March, 2023
Bench: Arun Bhansali, Yogendra Kumar Purohit
[2023/RJJD/007174]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Criminal Writ Petition No. 219/2023
Soma Ram S/o Sh. Sona Ram, aged about 35 years, at present
lodged in Central Jail, Jodhpur, through his Mother Smt. Tulshi
W/o Sh. Sona Ram, aged about 67 Years, R/o Sukali Nadi Ke
Kinare, Kiwarli, P.S. Abu Road, District- Sirohi, Raj.
----Petitioner
Versus
1. State of Rajasthan, Dept. of Home, Raj., Jaipur.
2. The Director General (Jails), Jaipur.
3. The Dist. Collector, Jodhpur.
4. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. K.R. Bhati.
For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with
Mr. Rajat Chhaparwal.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order 22/03/2023 This parole petition has been filed on behalf of petitioner Soma Ram aggrieved with the condition imposed by the State Level Parole Committee vide its order dated 13.01.2023 for furnishing two sureties of Rs.1,00,000/- each with a personal bond of Rs.1,00,000/- for the purpose of availing permanent parole.
Learned counsel for the petitioner submitted that the petitioner is lodged in Central Jail, Jodhpur and that on earlier occasion also when the petitioner was granted parole of 20, 30 and 40 days, his conduct was satisfactory and after availing the parole, he surrendered before the jail authorities timely. (Downloaded on 23/03/2023 at 12:05:50 AM)
[2023/RJJD/007174] (2 of 2) [CRLW-219/2023] Submissions have been made that the petitioner is not in a position to furnish two sureties of Rs.1,00,000/- each as ordered and on account of such inability, the petitioner is being deprived of the permanent parole and therefore, he may be granted permanent parole on furnishing a personal bond in sum of Rs.1,00,000/-.
The prayer is opposed by the learned Government Advocate. It is submitted that earlier the petitioner has availed parole for 20 days from 19.05.2012 to 07.06.2012, 30 days' parole from 26.10.2013 to 24.11.2013 and 40 days' parole from 18.05.2015 to 26.05.2015 (but he didn't report on scheduled date and went absconded). The petitioner was thereafter lodged in jail on 04.05.2017 i.e. he remained absconded for one year, nine months and eight days and, therefore, he be not released on permanent parole on personal bond and that on all the earlier occasions, he has furnished sureties.
Having regard to the facts and circumstances of the case and after going through the record, this parole petition is allowed and the Superintendent, Central Jail, Jodhpur is directed to release the petitioner Soma Ram S/o Sh. Sona Ram, aged about 35 years, R/o Sukali Nadi Ke Kinare, Kiwarli, P.S. Abu Road, District- Sirohi (Raj.) on permanent parole on furnishing a personal bond of Rs.1,00,000/- and instead of two sureties of Rs.1,00,000/-, one surety of Rs.1,00,000/- be furnished. All the other conditions imposed vide order dated 13.01.2023 shall remain the same. (YOGENDRA KUMAR PUROHIT),J (ARUN BHANSALI),J 10-DJ/-
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