JUDGMENT :

Arun Monga, J

1. An undated letter addressed to this court, sent by post by a convict, lodged in jail undergoing life imprisonment, has been converted into the instant writ petition. It reveals a persistent and deeply troubling pattern i.e. for the fourth time, the convict- prisoner has been compelled to invoke the jurisdiction of this Court for no reason other than his poverty and inability to furnish surety and the persistent mechanical approach of the competent authority by imposing an onerous condition of furnishing of sureties for actual release on duly sanctioned parole. On three earlier occasions, the petitioner was similarly forced to approach this Court solely because the authority insisted upon the furnishing of sureties, in addition to a personal bond, as a precondition for release on parole. The said insistence was categorically rejected and waived by this Court each time.

2. Notwithstanding the petitioner’s financial incapacity, and repeated, unequivocal and favorable judicial indulgence by waiver of the condition of furnishing sureties in past, the competent authority while sanctioning parole has, yet again, with complete nonchalance, imposed the very same condition for the fourth parole, directing the petitioner to furnish two sureties of Rs.25,000 each. What is particularly disturbing is the mechanical re- imposition of an identical condition for the fourth time, despite it’s earlier waiver, not once but thrice by this Court. Regrettably, it reflects a disturbing institutional apathy to the rule of law. More of it, later.

3. Succinct facts first.

3.1. Khartaram (petitioner herein) is undergoing sentence in Central Jail Jodhpur. He has been convicted for the offences under section 302/34 of IPC and awarded life imprisonment vide sessions court judgment dated 15.11.2014. As on 30.10.2025, the petitioner has undergone sentence as below:-

3.2. Pertinently, the petitioner earlier availed first parole of 20 days from 22.01.2019 to 10.02.2019 on furnishing personal bond of Rs.10,000/- in compliance to the order dated 19.01.2019 passed by this Court in D.B. Criminal Writ Petition No.06/2019 waiving the imposition of the condition of furnishing surety bond. Likewise, the prisoner also availed 30 days of second parole from 01.06.2020 to 30.06.2020 on furnishing personal bond of Rs.25,000/- upon waiver of precondition of furnishing surety bond in compliance to the order dated 28.05.2020 passed by this Court in D.B. Criminal Writ Petition No.151/2020. He also availed 40 days of third parole from 22.08.2022 to 30.09.2022 on furnishing personal bond of Rs.50,000/- following waiver of precondition of furnishing surety bond in compliance to the order dated 16.08.2022 passed by this Court in D.B. Criminal Petition No.276/2022.

3.3 Thus, it is the fourth foray of the petitioner/prisoner before this Court seeking the same relief i.e. waiver of the precondition of furnishing surety bonds as a precondition of seeking parole. The bare facts are a telling tale showing that the petitioner is an indigent person. On previous two occasions he sent letters to this Court seeking the waiver of the similar condition. Those letters were converted into writ petitions and the relief was granted. Third time though he filed a writ petition through counsel seeking the same relief which too was allowed. Unable to afford a counsel, this time again he has once again sent a letter seeking the waiver of precondition of furnishing surety bond.

3.4. Before approaching this Court, the prisoner submitted an application seeking grant of fourth periodical regular parole for a period of 40 days. The said application was forwarded to the learned District Magistrate, Pali, vide letter dated 26.08.2025. The District Parole Advisory Committee, Pali, convened a meeting on 26.09.2025 and upon consideration of