HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Writ Petition No. 325/2021

Prakash S/o Mohanji, Aged About 29 Years, At Present Lodged In

Central Jail Jodhpur Through His Mother Smt. Nathi Devi W/o

Mohanji, B/c Garg, Aged About 50 Years, R/o Village Lotiwada,

P.s. Barlut, Dist. Sirohi.

----Petitioner

Versus

1.

State Of Rajasthan, Through Secretary Of Home Dept.

Jaipur.

2.

The District Collector, Sirohi.

3.

The Superintendent, Central Jail, Jodhpur.

----Respondents

For Petitioner(s)

:

By post.

For Respondent(s)

:

Mr. Farzand Ali, G.A.-cum-A.A.G. with

Mr. Abhishek Purohit

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

05/08/2021

Issue notice to the respondents. Shri Farzand Ali, AAG puts

in appears on their behalf.

Heard. Perused the material available on record.

Vide order dated 17.12.2020 passed in D.B. Criminal Writ

Petition No.485/2020, the convict-petitioner was granted seven

day’s regular parole subject to furnishing a personal bond in the

sum of Rs.80,000/- with two sureties in the sum of Rs.40,000/-

each to the satisfaction of Superintendent, Central Jail, Jodhpur.

After passing of the said order, the petitioner moved a misc.

application (No.104/2021) seeking waiver of the condition of

(2 of 2)

[CRLW-325/2021]

furnishing two surety bonds on the ground of his poor financial

condition. By order dated 12.05.2021, this Court while relaxing

the condition of furnishing two surety bonds, modified the order

dated 17.12.2020 and directed that the petitioner shall be

released on seven days’ parole upon furnishing a personal bond in

the sum of Rs.80,000/- and one surety in the like amount. Now

the petitioner has again approached this Court by way of this writ

petition praying that the condition of furnishing one surety in

terms of the order dated 12.05.2021 may also be relaxed as he is

unable to furnish surety owing to his poor financial condition.

Shri Farzand Ali, AAG submits that as per the report received

from office of Superintendent of Police, Sirohi, the financial

condition of the petitioner’s family is very pathetic.

Having regard to the overall facts and circumstances of the

case and as now, because of his family being in dire financial

condition, he is unable to furnish one surety bond, we deem it

proper to release the petitioner Prakash S/o Shri Mohaji on seven

days’ parole by relaxing the condition of furnishing one surety

bond. The convict-petitioner Prakash S/o Shri Mohan ji shall be

released on seven days’ regular parole upon furnishing a personal

bond in the sum of Rs.80,000/- only to the satisfaction of

Superintendent, Central Jail, Jodhpur.

With the above modification in the order dated 12.05.2021

passed in D.B. Criminal Misc. Application No.104/2021, the writ

petition is disposed of.

(DEVENDRA KACHHAWAHA),J

(SANDEEP MEHTA),J

3-Sudhir Asopa/-