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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 19344/2026 CNR: RJHC010815742026 | URN: CW / 32993U / 2026 Pappu Alias Purkharam S/o Surataji, Resident Of Rakhana Police Station Rohat District Pali (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Jaipur.

2. Collector, Pali.

3. Superintendent, Central Jail, Jodhpur.

----Respondents For Petitioner(s) : Ms. Somya Choudhary.

For Respondent(s) : Mr. K.S. Kumawat.

HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

10/09/2026

1. The petitioner is undergoing sentence awarded by Criminal Court. He was granted a parole on 01.08.2026 subject to furnishing two sureties of Rs.50,000/- each and a personal bond of Rs.50,000/-but now the petitioner has filed this writ petition stating that on account of poverty and no source of income, he is unable to furnish the sureties, therefore, he may be released on personal bond.

2. This Court in the case of Khartaram Vs. State of Rajasthan & Anr., D.B. Criminal Writ Petition No.3130/2025 decided on 06.01.2026, this Court has issued following directions in paragraph No.22 as under:-

“22. In order to ensure compliance with relevant provisions of law in true spirit, uniformity in decision-making, obviate unnecessary litigation, undue delay and for mitigating the hardship to the prisoners’ release after sanction/grant of parole, it is deemed necessary, to formulate certain guidelines for the concerned competent authorities. We are of the opinion that adoption of the following measures/guidelines shall go a long way in the desired direction:

(i) While sanctioning parole, the amount of personal bond to be furnished by the prisoner should be such as is commensurate with his economic background and status and should not be exorbitant, prohibitive or oppressive.

(ii) Ordinarily, at the time of sanctioning the first periodical parole, a condition of appropriate surety bond/s should also be imposed. However, if before or at the time of sanction of the even first periodical parole the Parole Committee is satisfied, on appropriate inquiry, that the prisoner is indigent and unable to furnish surety bond, it should exercise it’s discretion not impose the condition of any surety bond, even at the time of sanctioning the first periodical parole.

(iii) If a condition of surety bond/s has been is imposed at the time of sanctioning the first periodical parole and the prisoner applies for it’s waiver and the Committee is satisfied, on appropriate inquiry, that he is indigent and unable to furnish surety bond, it should exercise the discretion to dispense with/waive off the condition of surety bond/s.

(iv) If on earlier occasion, a prisoner had been released on parole without furnishing surety bond, either pursuant to an order passed by the Parole Committee or by this Court or by the Hon’ble Supreme Court, then for his periodical release on parole on the subsequent occasion/s also the Parole Committee shall dispense with the requirement of surety bond/s, unless it has reason, which should be put on record, to believe that during the interregnum the prisoner has become capable of furnishing surety.

(v) The aforesaid guidelines shall, mutatis mutandi, also apply to and be followed by the competent authority in cases falling in sub-rule (3) of Rule 4 of Rajasthan Prisoners Release on Parole Rules, 2021which provides that if a prisoner though not eligible for parole under these rules may be released on parole on humanitarian grounds by the Government as a special case in relaxation of rules.

(vi) Once a convict/prisoner has been given a benefit of waiver of surety bond, immediate intimation shall be forwarded to Member Secretary, Rajasthan State Legal Services Authority who shall take steps to make the entry of the same in the computerized data basealong with the other data as already directed vide D.B.order dated 28.07.2021 passed in Rakesh Vs. State of Raja