Surety conditions for permanent parole may be relaxed if they are found to be onerous and burdensome due to the prisoner's financial incapacity, ensuring that poverty does not obstruct the fundamental right to life and liberty.

Order

1. Heard counsel for the petitioner, learned GA-cum-AAG and perused the material available on record.

2. Petitioner has been granted permanent parole under Rules 6 and 11(B) of the Rajasthan Prisoners Release On Parole Rules, 1958 , vide order dated 10.11.2025 (Ann.1), issued in pursuance of the meeting dated 09.09.2025, on two conditions i.e. (i) to furnish personal bond of Rs.50,000/- and, (ii) to furnish two sureties of Rs.50,000/- each.

3. Instant writ petition has been filed by the petitioner, seeking waiver of the condition of furnishing two sureties of Rs.50,000/- each, on the ground that he belongs to a poor family and has no means to furnish two sureties of the said amount.

4. It is noteworthy that due to not furnishing the two sureties, petitioner could not get benefit of his permanent parole, hence, the present petition has been filed on his behalf.

5. Reply by the State has been filed. Alongwith reply, the financial status report dated 14.12.2025 of petitioner is enclosed.

6. Reply on behalf of the State, corroborated with the Financial Report of petitioner, does not dispute the averments made by the petitioner in the present petition, regarding his financial status as he belongs to poor family and has no means to furnish two sureties of the said amount.

7. The totality of facts and circumstances as noted hereinabove, shows that petitioner belongs to poor family and does not have sufficient means to fulfill the condition of furnishing sureties for release on permanent parole.

8. Obviously, considering the good conduct of petitioner, during his custody period of more than 17 years, he has been granted benefit of permanent parole, but the imposition of condition of furnishing of two sureties of Rs. 50,000/- each appears to be onerous and burdensome for him, which he cannot fulfill, hence, this Court, keeping in mind his fundamental right of life and liberty, deems it just and proper to grant relaxation to the petitioner from the condition of furnishing two sureties of Rs.50,000/- each. As far as the second condition of furnishing personal bond of Rs.50,000/- is maintained.

9. As a final outcome, after taking into consideration the peculiar circumstances of the present case and conspectus of facts, as discussed hereinabove, instant writ petition is allowed and it is hereby directed that in compliance of the order dated 10.11.2025, petitioner be released on permanent parole on furnishing his personal bond of Rs. 50,000/- and the other condition of furnishing two sureties of Rs. 50,000/- each is hereby relaxed.