HIGH COURT OF JUDICATURE FOR RAJASTHAN - PRINCIPAL SEAT AT JODHP
ROHITASH @ ROHIT – Appellant
Versus
STATE OF RAJASTHAN-STATE – Respondent
CRLW 172/2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 172/2020
Rohitash @ Rohit, S/o Shri Shyamgiri, By Caste Giri, R/o
Ramnagar Ghaghriya Village, Police Thana Machhlishahar,
District Jonpur (U.p.). At Present Kaiyal Tehsil Kadi, Tehsil Police
Thana Nandasan, District Mehsana (Gujrat). (At Present Lodged
At Central Jail Jodhpur).
----Petitioner
Versus
1.
State Of Rajasthan-State, Through Secretary, Home
Department, Jaipur.
2.
The District Collector, Jodhpur.
3.
The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s)
:
By post.
For Respondent(s)
:
Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
02/02/2022
The convict-petitioner Rohitash @ Rohit S/o Shri Shyam Giri
was granted first parole by virtue of this Court’s order dated
25.02.2020 passed in S.B. Criminal Writ Petition No.498/2019. By
this order, the convict petitioner was required to furnish a personal
bond in the sum of Rs.1,00,000/- with two sound and solvent
sureties of Rs.50,000/- each to the satisfaction of Superintendent,
Central Jail, Jodhpur. The convict petitioner has forwarded this writ
petition from Jail seeking relaxation in the condition of furnishing
surety bonds in terms of the order dated 25.02.2020.
In compliance of the directions given by this Court by order
dated 23.10.2021, the report of the para-legal volunteer (PLV) has
(2 of 2)
[CRLW-172/2020]
been received. A perusal whereof reflects that the convict-
petitioner told the para-legal volunteer that financial position of
his family became worse owing to covid pandemic and therefore,
he is unable to furnish surety bonds in lieu of his release on
parole.
Keeping in view the overall facts and circumstances of the
case, this Court feels that the prayer of the convict that he may be
released on first parole of twenty days on personal bond only
cannot be accepted. However, on humanitarian consideration, the
requirement of furnishing two sureties is modified and instead it is
directed that the petitioner Rohitash @ Rohit S/o Shri Shyam Giri
shall be released on first parole of twenty days upon furnishing a
personal bond in the sum of Rs.1,00,000/- with one sound and
solvent surety of Rs.50,000/- to the satisfaction of the
Superintendent Central Jail, Jodhpur. However, the other
conditions of the order dated 25.02.2020 shall be maintained.
With this modification in the order dated 25.02.2020 passed
in S.B. Criminal Writ Petition No.498/2019, the instant writ
petition is disposed of.
(SANDEEP MEHTA),J
72-Sudhir Asopa/-
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