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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE PUSHPENDRA SINGH BHATI, MR. JUSTICE CHANDRA PRAKASH SHRIMALI, JJ
SOHAN SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. This parole petition has been filed on behalf of the petitioner aggrieved with the condition imposed by the District Parole Advisory Committee, Hanumangarh vide order dated 26.11.2024 for furnishing two sureties of Rs.1,00,000/- each with a personal bond of Rs.1,00,000/- for the purpose of availing second 30 days’ parole.
2. The petitioner was convicted for the offence under Section 302 of IPC and sentenced for life imprisonment by the learned Sessions Judge, Hanumangarh vide judgment dated 23.04.2008. He has already undergone the sentence of 11 years, 6 months and 2 days. The petitioner was granted first parole for 20 days, which was successfully completed by him, and now, he has again granted the benefit of second parole by the District Parole Advisory Committee, Hanumangarh vide order dated 26.11.2024 for the period of 30 days.
3. Learned counsel appearing for the petitioner contended that the petitioner belongs to lower echelon of the society and thus he is not in a position to furnish two sureties of Rs.1,00,000/- each as ordered and on account of such inability, the petitioner is being deprived of the parole and, therefore, he may be granted 30 days’ parole on furnish
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.
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 has the discretion to waive surety conditions for parole based on the petitioner's financial circumstances and previous rulings.
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