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2021 Supreme(Raj) 699

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta,Manoj Kumar Garg, JJ.
Haneef Khan - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Writ Petition No. 312 of 2021
Decided on : 04-08-2021

Advocates appeared:
Farzand Ali, Advocate, Abhishek Purohit, Advocate

Courts may modify parole conditions based on the financial hardship of the petitioner.

Headnote:

Rajasthan Prisoners Act - Parole - Financial Hardship

Fact of the Case:

The convict-petitioner was convicted under the Rajasthan Prisoners Act and had undergone a two-year sentence. He filed a writ petition seeking release on parole due to financial hardship.

Finding of the Court:

The court, considering the petitioner's poor financial status and family circumstances, relaxed the conditions of the previous order and granted the petitioner 7 days parole upon furnishing a personal bond only.

Issues: Financial hardship in furnishing sureties for parole

Ratio Decidendi: The court modified the conditions of the previous order based on the peculiar facts of the case and the petitioner's financial situation.

Final Decision: The writ petition was allowed, and the petitioner was granted 7 days parole upon furnishing a personal bond only.

JUDGMENT

1. Shri Farzand Ali, learned G.A.-cum-A.A.G. has placed on record a copy of the judgment dated 11.02.2019, whereby, the convict-petitioner was convicted for the offence under clause 11 (2)(b) of the Rajasthan Prisoners Act, 1960 and was handed punishment of two years S.I. Apparently, the convict-petitioner has undergone the said punishment.

2. By order dated 22.10.2020, this Court had accepted the writ petition (No.432/2020) filed by the petitioner and had directed that he shall be released on seven days parole upon furnishing a personal bond in the sum of Rs.1,00,000/- and two sound and solvent sureties in the sum of Rs.50,000/- each. Citing poor family condition to be a reason, the convict-petitioner has forwarded this writ application from jail praying that he is unable to furnish solvent sureties and thus, he should be released on 7 days parole by furnishing a personal bond only.

3. As per the report of the Superintendent of Police, Sriganganagar, the petitioner s financial status is very poor. Neither he nor his family members have any immovable property.

4. The petitioner s brothers earn their livelihood by grazing cattle. His wife lives separately with his children.

5. In view of the peculiar facts of the case, we deem it fit to grant one opportunity to the petitioner to reform himself by modifying/relaxing the condition of the order dated 22.10.2020 passed in D.B. Criminal Writ Petition No.432/2020 and direct that the convict petitioner Haneef Khan S/o Shri Garu Khan shall be released on 7 days parole upon furnishing a personal bond in the sum of Rs.1,00,000/- only to the satisfaction of Superintendent, Central Jail, Bikaner. The requirement of furnishing surety bonds is relaxed.

6. A copy of this order shall be conveyed to the Superintendent Central Jail, Bikaner and the convict-petitioner himself forthwith.

7. The writ petition is allowed accordingly.

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