SANDEEP MEHTA, RAMESHWAR VYAS
Raju @ Rajkumar – Appellant
Versus
State, Home Dept. Jaipur – Respondent
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
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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