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SANDEEP MEHTA, MANOJ KUMAR GARG
Haneef Khan – Appellant
Versus
State of Rajasthan – Respondent
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.
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.
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