The court has the discretion to waive surety conditions for parole based on the petitioner's financial circumstances and previous rulings.

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 for being released on parole. The convict petitioner has forwarded the present writ petition from Jail seeking relaxation in the condition of furnishing surety bonds in terms of the order of the District Parole Committee.

Shri Farzand Ali, learned AAG has submitted the family status report of the convict- petitioner forwarded by Superintendent of Police, Pali, as per which the financial position of the family of the convict prisoner is poor.

In this background, we deem it proper to release the petitioner on first parole of twenty days by relaxing the condition of furnishing two surety bonds as imposed by the District Parole Advisory Committee, Pali by order dated 05.11.2020. Thus, the said requirement of furnishing surety bonds is waived. However, the other conditions of the order dated 05.11.2020 are maintained.

The writ petition is allowed, accordingly.”

5. Mr. N.K. Gurjar, learned GA-cum-AAG does not dispute the aforesaid factual matrix and submitted that as per report received, the financial condition of the petitioner’s family is weak.

6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner is lodged in jail and earlier also when he was granted parole on furnishing sureties, this Court relaxed the same, the petition filed by the petitioner is allowed.

7. The petitioner- Kailash S/o Mada Ram shall be released on parole for forty days from the date of his actual release, upon furnishing personal bond in the sum of Rs.50,000/- only to the satisfaction of Superintendent, District Jail, Hanumangarh. The condition of furnishing two surety bonds is accordingly, waived. The other conditions of order dated 15.01.2025 are maintained.