Rajasthan High Court - Jodhpur
Kushala Ram vs State Of Rajasthan ... on 10 July, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:29893-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition (Parole) No. 733/2025
Kushala Ram S/o Shri Jai Ram, Aged About 31 Years, R/o
Begana Colony, Ward No. 2 Deedwana, Police Station Deedwana,
Dist. Deedwana-Kuchaman (Presently Confined In Open Air
Camp, Sanganer, Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home, Government Of Rajasthan, Jaipur.
2. District Magistrate, Deedwana-Kuchaman.
3. Superintendent Central Jail, Jaipur.
4. Jailor, (In-Charge) Open Air Camp Saganer, Jaipur.
----Respondents
For Petitioner(s) : Mr. Abhijeet Sharma
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SUNIL BENIWAL Order 10/07/2025
1. This parole petition has been filed by the petitioner being aggrieved with the condition imposed by the District Parole Advisory Committee, Deedwana-Kuchaman in its meeting dated 08.01.2025 of furnishing one surety of Rs.50,000/- with a personal bond of Rs.50,000/- for the purpose of availing fourth parole of 40 days.
2. Learned counsel appearing for the petitioner contended that on earlier occasion also, the condition of two sureties imposed by the District Parole Advisory Committee was exempted by a Coordinate Bench of this Court vide order dated 09.11.2022 passed in D.B. Criminal Writ Petition No.360/2022 (Kushalaram (Downloaded on 10/07/2025 at 09:44:01 PM) [2025:RJ-JD:29893-DB] (2 of 3) [CRLW-733/2025] Vs. State of Rajasthan & Ors.). The order dated 09.11.2022 reads as follows:-
"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 petitioner 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 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, (Downloaded on 10/07/2025 at 09:44:01 PM) [2025:RJ-JD:29893-DB] (3 of 3) [CRLW-733/2025] 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."
2.1. Learned counsel further submits that the petitioner has been lodged in Open Air Camp, Sanganer, Jaipur on 09.08.2023 and he has completed custody of 14 years and 10 days as on 15.06.2025. On earlier three occasions also, he had availed regular paroles from 30.05.2018 to 18.06.2018 (20 days), then from 14.08.2020 to 12.09.2020 (30 days) and thereafter from 10.11.2022 to 19.12.2022 (40 days) and abided by all the terms and conditions. Thus, the petitioner may be released on fourth parole while exempting the condition of one surety of the sum of Rs.50,000/-.
3. Learned Additional Advocate General verifies the facts stated above as correct.
4. In light of the aforesaid, this parole petition is allowed and the Superintendent, Central Jail, Jaipur is directed to release the petitioner Kushala Ram S/o Shri Jai Ram on fourth parole for a period of 40 days on furnishing a personal bond of Rs.50,000/- only. The condition of furnishing one surety is waived.
5. All the other conditions imposed vide order dated 08.01.2025 shall remain the same.
6. Copy of this order be sent to Superintendent, Central Jail, Jaipur.
(SUNIL BENIWAL), J. (DR. PUSHPENDRA SINGH BHATI), J. 15-nirmala/-
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