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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Rameshwar Vyas, JJ.
Raju @ Rajkumar – Appellant
Versus
State, Home Dept. Jaipur & Ors. – Respondents
D.B. Criminal Misc. Appli No. 13 of 2022
Decided On : 23-05-2022
Parole - Relaxation of Conditions - The court relaxed the conditions of parole for the petitioner, allowing release on furnishing a personal bond and one surety, while waiving the requirement for the petitioner's brother to furnish a surety bond.
Fact of the Case:
The petitioner was granted parole with certain conditions, including the requirement of furnishing a personal bond and two sureties. The petitioner filed a misc. application seeking release on furnishing personal bond only, citing financial hardship.
Finding of the Court:
The court declined the prayer for releasing the petitioner on parole on furnishing personal bond only but relaxed the conditions, directing release on furnishing a personal bond and one surety, while waiving the requirement for the petitioner's brother to furnish a surety bond.
Issues: The main issue was whether the petitioner should be released on parole on furnishing a personal bond only, considering the financial circumstances.
Ratio Decidendi: The court considered the overall facts and circumstances and decided to relax the conditions of the parole, taking into account the petitioner's financial situation.
Final Decision: The misc. application was disposed of with the direction to release the petitioner on parole on furnishing a personal bond and one surety, while waiving the requirement for the petitioner's brother to furnish a surety bond.
ORDER
1. The petitioner was granted parole of 07 days under Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958 vide order dated 29.09.2021 with the requirement of furnishing a personal bond in the sum of Rs.2,00,000/- and two sureties in the sum of Rs.1,00,000/- each (out of which one was to be of the petitioner's brother Sharwarmal). However, now the instant misc. application has been filed with an assertion that the petitioner is a poor man belonging to the B.P.L. family and thus, he may be released on furnishing personal bond only.
2. Keeping in view the overall facts and circumstances as available on record, we are not inclined to accede to the prayer for releasing the petitioner on parole on furnishing personal bond only. However, the conditions of the order dated 29.09.2021 are relaxed and it is directed that the petitioner shall be released on parole of 07 days on furnishing a personal bond in the sum of Rs.2,00,000/- and one sound and solvent surety in the sum of Rs.1,00,000/-. The requirement of the petitioner's brother furnishing surety bond is waived. The other conditions of the order dated 29.09.2021 are maintained.
3. The misc. application is disposed of in these terms.
AI
The court has the discretion to relax the conditions of parole based on the overall facts and circumstances, including the financial situation of the petitioner.
The court established that financial hardship can justify the relaxation of conditions imposed for parole, ensuring that legal provisions are applied equitably.
Courts may modify parole conditions based on the financial hardship of the petitioner.
The court established that the conditions for granting parole can be modified based on the individual circumstances of the convict, particularly in cases of financial hardship.
The court must consider the economic status of a prisoner when imposing conditions for parole, allowing for relaxation in cases of genuine hardship.
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