[2025:RJ-JD:54693]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Writ Petition No. 1183/2025

Vagaram, S/o Hemaram, Niwasi Vaan, Police Thana Barloot, Distt.

Sirohi (Raj.) (Lodged In Central Jail, Jodhpur)

----Petitioner

Versus

1. State Of Rajasthan, Through Secretary

2. Collector, Sirohi.

3. Superintendent, Central Jail, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Shailendra Gwala

For Respondent(s) : Mr. Sri Ram Choudhary, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

17/12/2025

1. Learned counsel for the petitioner submitted that, upon considering the petitioner’s entitlement for grant of twenty days’ regular parole, his case was placed before the District Parole Advisory Committee, Jodhpur. The District Parole Advisory Committee, in its meeting dated 18.01.2025/13.01.2025, granted twenty days’ parole to the petitioner subject to his furnishing two sureties of Rs.25,000/- each along with a personal bond of

Rs.50,000/-.

2. Learned counsel further submitted that the petitioner belongs to a rural background and an economically weaker section of society and, therefore, is not in a position to furnish two sureties of Rs.25,000/- each. It was contended that despite grant of first parole by the District Parole Advisory Committee, the petitioner has not been able to avail the same solely for want of the said sureties. Accordingly, a prayer was made that the

condition of furnishing two sureties be dispensed with and the petitioner be ordered to be released on furnishing a personal bond of Rs.50,000/- only.

3. Per contra, learned Public Prosecutor opposed the petition and submitted that the petitioner has one son and one brother, both of whom are engaged in labour work. It was argued that no exceptional circumstances exist in the present case warranting relaxation of the condition of furnishing two sureties of Rs.25,000/- each, as the same is necessary to avoid the risk of the petitioner absconding.

4. Heard.

5. Having considered the rival submissions and the facts and circumstances of the case, this Court finds that the petitioner belongs to a weaker section of society and has been unable to avail the benefit of parole solely due to non-furnishing of the required sureties. It is also not in dispute that the petitioner has already remained in custody for more than six years.

6. In view of the above, this Court deems it just and proper to modify the order dated 13.01.2025/18.01.2025, whereby the petitioner was ordered to be released on first parole on furnishing two sureties of Rs.25,000/- each along with a personal bond of Rs.50,000/-. It is ordered that the petitioner shall be released on first parole upon furnishing a personal bond of Rs.50,000/- only. The petitioner shall file an undertaking before the concerned jail authorities that he shall surrender and return to custody after availing the twenty days’ first parole granted to him.

7. With the aforesaid directions, the present criminal writ petition is allowed.

(KULDEEP MATHUR),J

429-divya/-