Rajasthan High Court - Jodhpur
Amba vs State Of Raj on 6 July, 2012
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
D.B. Criminal Parole Petition No.4533/2012
Amba Ram Vs. State of Rajasthan & Ors.
1
D.B. Criminal Parole Petition No.4533/2012
Amba Ram v. State of Raj. & ors
Date of Order: 6th July 2012
HON'BLE MR JUSTICE DINESH MAHESHWARI
HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II
By post
Mr K.R. Bishnoi, Government Counsel.
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BY THE COURT:
By the order dated 08.11.20011, as passed by this Court in D.B. Criminal Parole Petition No. 8934/2011, the petitioner- convict was ordered to be granted 30 days' parole after imposing just and adequate conditions as per the Rajasthan Prisoners Release on Parole Rules, 1958 ('the Rules of 1958'). Pursuant to the order aforesaid, the Superintendent, Central Jail, Jodhpur has ordered release of the petitioner subject to the condition of his furnishing two sureties in the sum of Rs. 25,000/- each along with a personal bond in the sum of Rs.1,00,000/-. Aggrieved, the petitioner has sent this letter petition with the prayer that he may be allowed to avail the parole by accepting his personal bond instead.
The petitioner has pointed out several of the adverse circumstances, including poor financial condition, wherefor he is not in a position to arrange for the requisite sureties. The petitioner has also pointed out that after availing the earlier regular parole, he surrendered after a delay of one day because of ailment of his son but a case of absconding was registered against him wherefor, now the persons, who stood as sureties D.B. Criminal Parole Petition No.4533/2012 Amba Ram Vs. State of Rajasthan & Ors.
2 earlier, have declined to help. The petitioner has also pointed out that he is serving the sentence for about 8 years.
The respondents have filed a reply opposing the prayer made by the petitioner with reference to Rule 7 of the Rules of 1958.
After having considered the matter in its totality, we are of the view that the petitioner deserves to be given some relaxation in regard to the conditions as imposed by the Superintendent, Central Jail, Jodhpur for his availing 30 days' parole.
There is no denial of entitlement and eligibility of the petitioner for being released on parole for a period of 30 days. By the order dated 08.11.2011, this Court directed the respondents to release the petitioner on 30 days' parole after imposing just and reasonable conditions as per the Rules of 1958. The learned Jail Superintendent though cannot be said to be wholly unjustified in imposing the condition for surety and bond particularly looking to the fact that the petitioner had earlier defaulted in surrendering after availing first parole, however, it appears that so far the quantum of the bond and surety is concerned, the same is operating rather heavily against the petitioner. The default as earlier committed by the petitioner had also not been of excessively grave nature. He was granted parole from 10.04.2010 to 29.04.2010; and he is said to have been arrested on 02.05.2010. The petitioner has pointed out that the delay occurred for the ailment of his son. At the most, the petitioner was in default for 2 days. Such a default appears to be now operating too much detrimental to him when it has been pointed that the persons who earlier stood as sureties are reluctant to do so now.
D.B. Criminal Parole Petition No.4533/2012 Amba Ram Vs. State of Rajasthan & Ors.
3 We are of the considered view that the conditions on the petitioner for availing benefit of parole do deserve modification so as not to defeat the object behind granting parole, i.e., of facilitating his return to the mainstream of the society. In our opinion, the interest of justice shall be served if the conditions as imposed by the Jail Superintendent are diluted with reduction in the amount of bond and sureties.
In view of the above, this petition is allowed to the extent and in the manner indicated above. The order dated 15.12.2011 issued by the Superintendent, Central Jail, Jodhur is modified and the petitioner is ordered to be released on parole for 30 days upon his furnishing a personal bond in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the concerned Jail Superintendent.
It is made clear that we have only modified the condition regarding bond/sureties as above. Other conditions mentioned in the order granting parole shall apply.
(NARENDRA KUMAR JAIN-II),J. (DINESH MAHESHWARI),J. MK