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[2026:RJ-JD:7115]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Writ Petition No. 1181/2025

Megharam, R/o Fusaniya Bhilo Ki Dhani Manasar, Ps Falsund

Dist. Jaisalmer

----Petitioner

Versus

1. State Of Rajasthan, Through Secretary

2. Collector, Jaisalmer

3. Superintendent, Central Jail Jodhpur.

----Respondents

For Petitioner(s) : Ms. Sarika Bishnoi, Amicus Curiae

For Respondent(s) : Mr. Surendra Bishnoi, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

30/01/2026

1. The present writ petition has been instituted by the

petitioner–convict seeking relaxation of the conditions imposed by

this court in the order dated 10.03.2025 passed in S.B. Criminal

Writ Petition (Parole) No. 655/2025, whereby the petitioner was

granted first regular parole of 20 days subject to furnishing a

personal bond in the sum of Rs.50,000/- along with two sureties

of Rs.25,000/- each to the satisfaction of the Superintendent,

Central Jail, Jodhpur. The challenge in the present petition is

confined only to the condition requiring furnishing of sureties.

2. Since the petitioner is lodged in jail and has approached this

Court through prison authorities, and considering his stated

financial incapacity, this Court, in the interest of justice, appointed

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Ms. Sarika Bishnoi as Amicus Curiae to assist the Court on behalf

of the petitioner under the Free Legal Aid Scheme of the

Rajasthan State Legal Services Authority. The remuneration

payable to the learned Amicus Curiae shall be borne by the RSLSA

as per the applicable Rules.

3. The record reflects that the petitioner stands convicted by

the learned Special Judge, POCSO Court, Jaisalmer in Sessions

Case No. 16/2019 (66/14) for offences under Sections 366 and

376(2)(i) IPC and has been sentenced to undergo ten years’

rigorous imprisonment along with fine of Rs.17,000/-. As per the

nominal roll placed on record, the petitioner has undergone a

substantial period of incarceration and, including remission, has

completed more than seven years of sentence as on 01.05.2025.

It is not in dispute that this is his first regular parole and that no

previous parole has been availed by him.

4. Earlier, the District Parole Advisory Committee had rejected

his prayer for parole. The said rejection was challenged before this

Court and vide order dated 10.03.2025, this Court granted first

regular parole for a period of 20 days subject to furnishing

personal bond of Rs.50,000/- with two sureties of Rs.25,000/-

each.

5. The present writ petition has been filed on the ground that

the petitioner is unable to arrange the required sureties on

account of financial hardship and, consequently, despite lapse of

considerable time since the order dated 10.03.2025, he has not

been able to avail the benefit of parole.

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6. Learned Amicus Curiae submitted that the petitioner belongs

to a modest background; his parents are deceased; his brothers

are labourers earning daily wages; and he has no independent

financial means. It is contended that the continued incarceration

of the petitioner despite grant of parole is solely attributable to his

inability to furnish sureties and that the condition imposed has, in

effect, rendered the relief illusory.

7. Learned counsel for the State opposed the petition and relied

upon the reply filed by the Superintendent, Central Jail, Jodhpur,

submitting that under the Rajasthan Parole Rules there is no

specific provision for release of a prisoner on personal bond alone.

However, it is not disputed that no adverse conduct has been

reported from the jail authorities and that the petitioner has not

previously misused any parole.

8. This Court has considered the submissions and perused the

material available on record.

9. The entitlement of the petitioner to first regular parole

already stands adjudicated by o