Rajasthan High Court - Jodhpur
Yasin @ Simiya @ Chimiya vs State Of Rajasthan ... on 6 July, 2023
Bench: Vijay Bishnoi, Rajendra Prakash Soni
[2023:RJ-JD:19920-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 576/2023
Yasin @ Simiya @ Chimiya S/o Sh. Fakir Mohammed, Aged
About 45 Years, At Present Lodged In Open Air Camp, Jodhpur
Through His Mother Smt. Hafiza W/o Sh. Fakir Mohammed, Aged
About 71 Years, R/o Bhakriya, At Present Behind Bombay Motor
Labour Colony, Umrao Khan Petrol Pump, P.s. Pratapnagar Dist.
Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Dept. Of Home,
Raj., Jaipur.
2. The Dist. Collector, Barmer.
3. The Deputy Superintendent, Dist. Jail, Barmer.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Anil Joshi, AAG assisted by
Mr. Pallav Sharma.
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 06/07/2023
1. The petitioner was ordered to be released on 40 days' parole pursuant to the decision taken by the District Parole Advisory Committee dated 23.022023 subject to the condition that he may furnish a personal bond of Rs. 50,000/- along with two sureties of Rs. 25,000/- each.
2. Vide this petition, the petitioner has prayed that the condition of furnishing two sureties of Rs. 25,000/- each may kindly be relaxed and he be ordered to be released for availing 40 days' parole on furnishing one personal bond only.
3. On 29.05.2023, this Court, considering the submissions of the learned AAG that the financial condition of the petitioner is normal and keeping in view some other material placed on record by learned AAG gave time to learned counsel for the petitioner to (Downloaded on 12/11/2023 at 02:05:54 AM) [2023:RJ-JD:19920-DB] (2 of 2) [CRLW-576/2023] complete his instructions and directed the office to list this matter today.
4. Learned counsel for the petitioner is not in a position to counter the submissions made by the learned AAG, however has submitted that the petitioner was earlier ordered to be released on 30 days' parole on furnishing a personal bond and one surety only. Learned counsel for the petitioner has therefore prayed that instead of furnishing two sureties, direction may be issued that petitioner be released for availing 40 days' parole on furnishing one surety only.
5. Learned AAG has opposed the prayer made by learned counsel for the petitioner.
6. Having heard learned counsel for the parties and after going through the material available on record particularly, taking into consideration the fact that the petitioner was earlier ordered to be released for availing 30 days' parole on furnishing a personal bond and one surety only, we deem it appropriate to direct the respondents to release the petitioner for availing 40 days' parole pursuant to the decision of the District Parole Advisory Committee, Barmer dated 23.02.2023 on furnishing a personal bond of Rs. 50,000/- and one surety of likewise amount.
7. With these observations, this Criminal Writ petition is disposed of.
(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J 18-nitin/-
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