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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE CHANDRA PRAKASH SHRIMALI, JJ
Kailash – Appellant
Versus
State of Rajasthan Through The Secretary Department of Home – Respondent
Order :
1. The present criminal writ (parole) petition has been filed on behalf of the petitioner seeking waiver of the condition of furnishing two sureties vide order dated 15.01.2025 passed by the parole advisory committee in its meeting.
2. Learned counsel for the petitioner submitted that the petitioner is poor and belongs to lower strata of society and is unable to furnish two sureties in pursuance of the order dated 15.01.2025.
3. Learned counsel for the petitioner further submitted that earlier also vide order dated 18.02.2021 passed in D.B. Criminal Writ Petition No.29/2021, the petitioner was released on parole on furnishing personal bond only, which he availed and surrender back.
4. The order dated 18.02.2021, passed by this Court in D.B. Criminal Writ Petition No.29/2021 reads as follows:-
“Heard. Perused the material available on record.
Vide order dated 05.11.2020 passed by the District Parole Advisory Committee, Pali, the convict petitioner Kailash S/o Shri Madaram was granted first parole of twenty days. By this order, the convict petitioner was required to furnish a personal bond in the sum of Rs.25,000/- with two sureties in the like amount, as a pre-requisite condition
The court has the discretion to waive surety conditions for parole based on the petitioner's financial circumstances and previous rulings.
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.
Conditions for parole may be relaxed when the petitioner demonstrates good conduct and special circumstances warrant such a decision.
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