Back
RAJASTHAN HIGH COURT
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
PAROLE - PRISONERS ACT - The court modified the conditions of parole for the convict-petitioner, allowing release on personal bond only due to the petitioner's poor financial condition, emphasizing the rehabilitative purpose of parole under the Rajasthan Prisoners Act, 1960.
Fact of the Case:
The convict-petitioner was previously convicted under the Rajasthan Prisoners Act and sentenced to two years of simple imprisonment. He had undergone the punishment and sought parole, citing inability to furnish solvent sureties due to poor family conditions.
Finding of the Court:
The court acknowledged the petitioner's financial difficulties, supported by a report from the Superintendent of Police, and deemed it appropriate to relax the surety requirement for parole.
Issues: Whether the convict-petitioner could be granted parole without furnishing solvent sureties due to his financial situation.
Ratio Decidendi: The court held that the rehabilitative purpose of parole could be served by allowing the petitioner to be released on a personal bond, thus prioritizing the individual's circumstances over strict adherence to procedural requirements.
Result: The writ petition was allowed, and the petitioner was granted 7 days of parole upon furnishing a personal bond of Rs.1,00,000/- 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.
AI
Courts may modify parole conditions based on the financial hardship 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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
