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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Sukh @ Sukhlal – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Writ Petition No. 18 of 2022
Decided On : 18-02-2022
Waiver of Sureties - Criminal Writ Petition - The court waived the condition of furnishing two sureties and depositing the fine amount for the accused-petitioner due to his belonging to weaker sections of society and his family's poor financial condition.
Fact of the Case:
The accused-petitioner sought waiver of the condition of furnishing two solvent sureties and depositing the fine amount as directed by the court.
Finding of the Court:
The court modified the previous order and waived the condition of furnishing two sureties and depositing the fine amount, allowing the accused-petitioner to be released on bail upon furnishing a personal bond.
Issues: Waiver of sureties and fine amount for accused-petitioner.
Ratio Decidendi: The court considered the accused-petitioner's belonging to weaker sections of society and his family's poor financial condition as grounds for waiving the sureties and fine amount.
Final Decision: The accused-petitioner was granted bail upon furnishing a personal bond, and the criminal writ petition was disposed of.
JUDGMENT
Manoj Kumar Garg, J. - This criminal writ petition has been registered on the letter dt. 14.12.2021 received from the Superintendent, Central Jail, Udaipur wherein it is submitted that the sentence of the accused-petitioner Sukh @ Sukh Lal was suspended by this Court vide order dt. 03.09.2020 passed in S.B. Criminal Misc. Suspension of Sentence application (appeal) No.1195/2019 but he has not submitted the bail bonds as directed by this Court. an application has been filed by the accused-petitioner seeking waiver of the condition of furnishing two solvent sureties of Rs.50,000/-.
2. I have heard learned Public Prosecutor and perused the letter dt. 14.12.2021 as well as application submitted by the accused-petitioner.
3. In the application, accused-petitioner submitted that he belongs to weaker sections of the society and financial condition of his family is not good. He is not in a position to furnish the sureties as directed by this Court. The father of the petitioner is also stated to be a disabled person.
4. Keeping in view the peculiar facts and circumstances of the case, the order dt. 03.09.2020 is hereby modified and condition of furnishing two sureties is waived. The condition imposed by this Court of depositing the fine amount is also hereby waived. accused-petitioner Sukh @ Sukh Lal S/o Mohan Damor shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- as directed by this Court vide order dt. 03.09.2020. The accused-petitioner shall now appear for his attendance before this Court on 04.04.2022.
5. accordingly, the Criminal Writ petition is disposed of.
Copy of this order be sent to the Central Jail, Udaipur immediately.
The court has the discretion to waive the condition of furnishing sureties and depositing fine amount based on the accused's financial circumstances and belonging to weaker sections of society.
The court established that financial hardship can justify the relaxation of conditions imposed for parole, ensuring that legal provisions are applied equitably.
The court may modify bail conditions based on humanitarian considerations, such as the poor financial condition of the appellant's family.
The court has the discretion to waive surety conditions for parole based on the petitioner's financial circumstances and previous rulings.
The court emphasized that bail conditions should be reasonable and take into account the individual circumstances of the accused, particularly when the accused faces difficulty in meeting certain req....
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