Rajasthan High Court - Jodhpur
Smt Rameshwari vs State on 20 January, 2020
Bench: Sangeet Lodha, Manoj Kumar Garg
(1 of 2) [CRLW-3/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 3/2020
Smt Rameshwari W/o Santosh Kumar, Aged About 45 Years, B/c
Suthar, R/o Sutharon Ki Dhani, Dhelana, P.s. Lohawat, Tehsil
Phalodi, District Jodhpur. (At Present Lodged In Central Jail,
Jodhpur).
----Petitioner
Versus
1. State of Rajasthan, Through Secretary, Department Of
Home, Secretariat, Rajasthan, Jaipur.
2. The District Collector, Jodhpur.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Abhishek Purohit, for
Mr. Farzand Ali, AAG
HON'BLE MR. JUSTICE SANGEET LODHA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 20/01/2020 This writ petition has been filed by the petitioner seeking release on first parole for a period of 20 days on furnishing personal bond to the satisfaction of Superintendent, Women Central Jail, Jodhpur.
The District Level Parole Advisory Committee in its meeting held on 10.12.2019 resolved to release the petitioner on first parole for a period of 20 days on her furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.
Learned counsel appearing for the petitioner submits that the petitioner is a poor lady and there is nobody in her family, who can stand surety for her and, therefore, in the interest of justice (Downloaded on 21/01/2020 at 08:51:33 PM) (2 of 2) [CRLW-3/2020] the petitioner may be directed to be released on her furnishing personal bond. The condition imposed by the District Level Parole Advisory Committee for furnishing two sureties of Rs.25,000/-, may be waived.
The prayer is opposed by the learned Government Counsel stating that there is no provision for the release of the convict on parole without furnishing solvent surety.
Learned counsel appearing for the petitioner submits that in number of cases, this Court exercised its jurisdiction under Article 226 of the Constitution of India and directed release of the convict on parole on their furnishing personal bond without surety. In this regard, learned counsel has relied upon the order dated 07.11.2019 passed by a coordinate Bench in D.B. Criminal Writ Petition No.442/2019.
Taking into consideration the facts and circumstances of the case, we consider it appropriate to permit the petitioner's release on first parole for 20 days on her furnishing personal bond only.
Accordingly the writ petition is allowed. The petitioner shall be released on first parole of 20 days on her furnishing personal bond in the sum of Rs.50,000/- to the satisfaction of Superintendent, Women Central Jail, Jodhpur. The condition imposed by the District Level Parole Advisory Committee vide resolution dated 10.12.2019 regarding furnishing of two sureties of Rs.25,000/- each, shall stand waived.
(MANOJ KUMAR GARG),J (SANGEET LODHA),J
22-MS/-
(Downloaded on 21/01/2020 at 08:51:33 PM)
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