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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta,Devendra Kachhawaha, JJ.
Prakash - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Writ Petition No. 325 of 2021
Decided on : 05-08-2021
Surety Bond - Parole Modification - The court relaxed the condition of furnishing surety bonds for a convict seeking parole due to his poor financial condition, ultimately granting him parole with only a personal bond.
Fact of the Case:
The convict-petitioner sought relaxation of the condition of furnishing surety bonds for his parole due to his poor financial condition.
Finding of the Court:
The court, considering the petitioner's dire financial condition, relaxed the condition of furnishing surety bonds and granted him parole with only a personal bond.
Issues: The issue was whether the convict-petitioner's financial condition warranted relaxation of the condition of furnishing surety bonds for his parole.
Ratio Decidendi: The court found that the convict-petitioner's family was in a dire financial condition, leading to the relaxation of the surety bond condition for his parole.
Final Decision: The convict-petitioner was granted seven days' regular parole upon furnishing a personal bond in the sum of Rs.80,000/- only, with the condition of furnishing surety bonds being relaxed due to his poor financial condition.
JUDGMENT
1. Issue notice to the respondents. Shri Farzand Ali, AAG puts in appears on their behalf.
2. Heard. Perused the material available on record.
3. Vide order dated 17.12.2020 passed in D.B. Criminal Writ Petition No.485/2020, the convict-petitioner was granted seven day's regular parole subject to furnishing a personal bond in the sum of Rs.80,000/- with two sureties in the sum of Rs.40,000/- each to the satisfaction of Superintendent, Central Jail, Jodhpur. After passing of the said order, the petitioner moved a misc. application (No.104/2021) seeking waiver of the condition of furnishing two surety bonds on the ground of his poor financial condition. By order dated 12.05.2021, this Court while relaxing the condition of furnishing two surety bonds, modified the order dated 17.12.2020 and directed that the petitioner shall be released on seven days' parole upon furnishing a personal bond in the sum of Rs.80,000/- and one surety in the like amount. Now the petitioner has again approached this Court by way of this writ petition praying that the condition of furnishing one surety in terms of the order dated 12.05.2021 may also be relaxed as he is unable to furnish surety owing to his poor financial condition.
4. Shri Farzand Ali, AAG submits that as per the report received from office of Superintendent of Police, Sirohi, the financial condition of the petitioner's family is very pathetic.
5. Having regard to the overall facts and circumstances of the case and as now, because of his family being in dire financial condition, he is unable to furnish one surety bond, we deem it proper to release the petitioner Prakash S/o Shri Mohaji on seven days' parole by relaxing the condition of furnishing one surety bond. The convict-petitioner Prakash S/o Shri Mohan ji shall be released on seven days' regular parole upon furnishing a personal bond in the sum of Rs.80,000/- only to the satisfaction of Superintendent, Central Jail, Jodhpur.
6. With the above modification in the order dated 12.05.2021 passed in D.B. Criminal Misc. Application No.104/2021, the writ petition is disposed of.
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