Rajasthan High Court - Jodhpur
Kushalaram vs State Of Rajasthan on 9 November, 2022
Bench: Vijay Bishnoi, Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 360/2022
Kushalaram S/o Sh. Jairam, Aged About 29 Years, At Present
Lodged In Open Air Camp, Mandor-Jodhpur (Central Jail
Jodhpur).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Dept. Of
Home, Govt. Of Raj., Secretariat, Jaipur.
2. The Dist. Collector And Dist. Magistrate, Jodhpur (Raj.).
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
Mr. Vishal Singh Bhati
For Respondent(s) : Mr. Anil Kumar Joshi, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE FARJAND ALI Order 09/11/2022 This parole petition has been filed by the petitioner with a prayer for relaxing the condition of furnishing two sureties along with personal bond imposed by the District Parole Committee, Jodhpur in its meeting dated 24.05.2022 whereby, it was decided that the petitioner be enlarged 40 days parole on furnishing a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each duly verified by Tehsildar concerned.
Learned counsel for the petitioner has submitted that the financial condition of the family of the petitoner is very poor and taking into consideration the above fact the learned Single Judge of this Court in S.B. Criminal Writ Petition No.248/2020 has earlier (Downloaded on 09/11/2022 at 08:57:35 PM) (2 of 2) [CRLW-360/2022] ordered for releasing the petitioner on second parole upon furnishing a personal bond only.
Learned Public Prosecutor has opposed this criminal writ petition.
We are of the opinion that the earlier parole petition filed on behalf of the petitioner before the learned Single Judge was not maintainable as he was awarded sentence for life imprisonment for the offence punishable under Section 302 IPC.
In view of the above facts and circumstances of the case, we deem it appropriate to caution the advocate concerned, who has earlier filed the parole petition on behalf of the petitioner before the learned Single Judge, to disclose all facts before the Court while moving any such application.
However, this parole petition is allowed and the Superintendent of the Central Jail, Jodhpur is directed to release the petitioner on 40 days' parole upon his furnishing the personal bond of Rs.50,000/- only pursuant to the decision taken by the District Parole Committee, Jodhpur in its meeting dated 24.05.2022.
This convict- Kushalaram S/o Sh. Jairam shall surrender him before the Superintendent Of Central Jail, Jodhpur after availing 40 days' parole from the date of his release.
The decision taken by the District Parole Committee, Jodhpur in its meeting dated 24.05.2022 is modified accordingly.
(FARJAND ALI),J (VIJAY BISHNOI),J
17-Arun/-
(Downloaded on 09/11/2022 at 08:57:35 PM)
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