Rajasthan High Court - Jaipur
Rafiq S/O Mohammad Ishaq vs State Of Rajasthan on 2 August, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Writ Petition No. 386/2022
Rafiq S/o Mohammad Ishaq, Aged About 46 Years, R/o Muradabad
(U.P.) At Present R/o Kacchi Basti, Van-Vihar, Behind Of Eidgah,
Galta Gate Jaipur At Present Transport Nagar, Police Station Azad
Nagar, District Jaipur (Raj.) (At Present In Open Air Camp
Sanganer, Jaipur)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary Home,
Secretariat, Jaipur.
2. The Deputy Secretary, Department Of Home (Group-12),
Government Of Rajasthan, Government Secretariat, Jaipur.
3. The Prisoners Parole Advisory Committee (State
Committee), Through Its Chairman, Director General Of
Prisons, Rajasthan.
4. The District Magistrate, Jaipur.
5. Superintendent Central Jail, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vishram Prajapati
For Respondent(s) : Mr. N.S. Gurjar, A.G.A.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
02/08/2022
1. Petitioner has preferred this Criminal Writ Petition (Parole) with a limited prayer for waiving the condition of furnishing two attested sureties imposed by the Department of Home (Group-12) Government of Rajasthan vide order dated 22.06.2022, on the ground that financial condition of the petitioner is very weak.
2. Report was sought from the learned State Counsel with regard to financial status of the petitioner. SHO Police Station Transport Nagar, Jaipur (East) has submitted a report. From perusal of which, it is revealed that petitioner was released on permanent parole vide order dated 22.06.2022 and financial condition of the petitioner is (Downloaded on 05/08/2022 at 10:04:03 PM) (2 of 2) [CRLW-386/2022] very weak. He is not in a position to furnish sureties imposed by the Authority and thus, he is unable to avail the benefits of parole. It is also revealed from perusal of the report that petitioner earlier also was given benefit of parole and he surrendered before the Jail Authorities in the time prescribed.
3. We have perused the order dated 22.06.2022 and have perused the report with regard to financial status of the petitioner submitted by the SHO Police Station Transport Nagar, Jaipur (East).
4. From perusal of the order dated 22.06.2022, it is evident that petitioner was granted permanent parole on furnishing of personal bond of Rs.50,000/- and two sureties of Rs.50,000/- each, petitioner was unable to produce the sureties imposed by the Authority and was thus unable to avail the parole.
5. Since, parole application filed by the petitioner has been allowed and the only prayer of petitioner is to waive the condition imposed by the Authority with regard to furnishing of two sureties, this Court deems it proper to dispose of the present Criminal Writ Petition (Parole) and modify the order dated 22.06.2022, qua the petitioner.
6. Consequently, the present Criminal Writ Petition (Parole) is disposed of and the order dated 22.06.2022 passed by the Department of Home (Group-12) Government of Rajasthan is modified to the extent that the petitioner shall be released on permanent parole on furnishing of personal bond of Rs.50,000/- only. The condition of furnishing of two sureties of Rs.50,000/- is waived.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
AMIT KUMAR /9
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