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MANINDRA MOHAN SHRIVASTAVA, RAJENDRA PRAKASH SONI
Dinesh Soni @ Rajendra Kumar Soni – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
The petitioner has challenged the conditions imposed by the respondents while granting parole. The petitioner has been required to furnish two sureties for an amount of Rs.50,000/- each.
2. Learned counsel for the petitioner would submit that in the past, the petitioner has not been found misusing the liberty while under parole. He has undergone 13 years' jail sentence by now and presently, he has been shifted to open jail. There is no complaint against him while in open jail, that he has misused his liberty. It is further submitted that while in open jail, he has been required to furnish one surety of Rs. 50,000/- which stands as on today. Next submission is that the father of the petitioner used to furnish two sureties but he is unable to move due to old age and sickness and, therefore, he finds it difficult to furnish two sureties. Therefore, in these circumstances, the condition of furnishing two sureties as directed by the Committee may be relaxed and he may allowed to be released on parole for a period of 40 days only on personal bond.
3. Learned counsel for the respondent, however, submits that the petitioner may be released on parole on just and proper condition. In
Conditions for parole may be relaxed when the petitioner demonstrates good conduct and special circumstances warrant such a decision.
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 conditions for parole, taking into account the financial condition of the convict and his family.
The court must consider the economic status of a prisoner when imposing conditions for parole, allowing for relaxation in cases of genuine hardship.
The court has the discretion to waive surety conditions for parole based on the petitioner's financial circumstances and previous rulings.
The discretionary powers of the sanctioning authority to dispense with the requirement of surety for prisoners confined in open prisons and the significance of sureties in granting parole were the ce....
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