Rajasthan High Court - Jodhpur
Bhanwar Lal vs State Of Rajasthan ... on 22 April, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:19341-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 830/2025
Bhanwar Lal S/o Shri Jeeva Ram, Aged About 50 Years, At
Present Lodged In Open Air Camp, Nagaur Through His Wife
Smt. Uki W/o Shri Bhanwar Lal R/o Malgarh P.s. Nosra, Dist
Jalore
----Petitioner
Versus
1. State Of Rajasthan, Dept Of Home, Raj Jaipur
2. The District Collector, Jalore
3. The Dy Superintendent, Dist Jail Nagaur
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH Order 22/04/2025
1. This criminal writ parole petition has been filed by the petitioner being aggrieved with the condition imposed by the District Parole Advisory Committee, Jalore (for short 'the Committee') of furnishing one surety of Rs.40,000/- for availing benefit of 40 days' parole.
2. The Committee, in its meeting dated 15.01.2025, has decided to release the petitioner on 40 days' parole subject to the condition that he shall furnish a personal bond of Rs.40,000/ along with one surety of Rs.40,000/-.
3. The petitioner by way of this writ petition has prayed that the condition of furnishing one surety of Rs.40,000/- imposed by the Committee in its meeting dated 15.01.2025 may be waived.
4. Learned counsel for the petitioner has drawn attention of this Court to the fact that the petitioner has completed more than 13 (Downloaded on 22/04/2025 at 10:08:19 PM) [2025:RJ-JD:19341-DB] (2 of 3) [CRLW-830/2025] years of sentence and is now entitled for 40 days' regular parole under Rule 09 of the Rajasthan Prisoners Release on Parole Rules, 1958.
5. Learned counsel for the petitioner submits that earlier also when the petitioner was ordered to be released on parole in D.B. Criminal Writ Petition No.1619/2023 vide order dated 18.10.2023, he was ordered to be released on personal bond only, while waving the condition of furnishing surety bond and, therefore, the petitioner may be ordered to be released on furnishing personal bond only; the order dated 18.10.2023 passed by a Division Bench of this Hon'ble Court, reads as follows:
The instant criminal writ petition is filed by the petitioner with a prayer for relaxing the condition of furnishing one surety of Rs.20,000/- imposed by the District Parole Advisory Committee, Jalore (for short 'the Committee') in its meeting dated 11/12.9.2023.The petitioner has applied for releasing him on 40 days' parole before the Committee and the said Committee, in its meeting dated 11/12.9.2023, has ordered for releasing the petitioner on 40 days' parole, subject to the condition that he shall furnish a personal bond of Rs.20,000/- along with one surety of likewise amount.
Learned counsel for the petitioner has submitted that earlier also, the petitioner has availed 40 days' parole on furnishing a personal bond only as per the order dated 18.5.2022 passed by this Court in DB Criminal Writ Petition No.174/2022. It is also submitted that after availing the said parole, the petitioner has surrendered himself in time before the jail authorities concerned. Keeping in view the fact that the petitioner has earlier availed benefit of parole on furnishing a personal bond only, this criminal writ petition is allowed and the respondents are directed to release the petitioner on 40 days' parole, pursuant to the decision taken by the Committee in its meeting dated 11/12.9.2023 on furnishing a personal bond of Rs.20,000/- only. The respondents shall not insist the petitioner to furnish one surety of Rs.20,000/-, however, the other conditions as imposed by the (Downloaded on 22/04/2025 at 10:08:19 PM) [2025:RJ-JD:19341-DB] (3 of 3) [CRLW-830/2025] Committee for releasing the petitioner on 40 days' parole are maintained."
7. Learned GA-cum-AAG has vehemently opposed but is unable to refute the applicability of the aforesaid order passed in D.B. Criminal Writ Petition No. 1619/2023 in the instant petition.
8. Taking into consideration the fact that the petitioner was released on parole on earlier occasions as well and he surrendered before the jail authorities on expiry of parole period and also taking into consideration that during his parole period, he did not involve in any case, this Court deems it appropriate to allow this criminal writ petition.
9. Hence, this criminal writ petition is allowed and the respondents are directed to release the petitioner Bhanwar Lal S/o Shri Jeeva Ram on regular parole of 40 days by waiving the condition of furnishing surety bond as imposed by the District Parole Advisory Committee, Jalore vide order dated 15.01.2025 upon furnishing a personal bond in the sum of Rs.40,000/- only to the satisfaction of Dy. Superintendent, District Jail, Nagaur. The Dy. Superintendent, District Jail, Nagaur shall be at liberty to impose other adequate and reasonable conditions to ensure return of convict to the custody after availing the parole. The term of parole shall be computed from the date of actual release of convict. The other conditions of the order dated 15.01.2025 shall be maintained.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH
BHATI),J
16-mohit/-
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