Haris Kumar S/O Shri Nathulal vs State Of Rajasthan
2021 Latest Caselaw 4081 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            D.B. Criminal Writ Petition No. 1356/2021

Haris Kumar S/o Shri Nathulal, Aged About 54 Years, R/o
Khatiko Ka Mohalla, Police Station Kotdi, District Kota (Raj.) (At
Present Confined In Open Air Camp, Sanganer, Jaipur (Raj.))
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Director General Of Prisons,
       Directorate Prisons, Ghatgate, Jaipur.
2.     District Magistrate, Kota, Office At Collectorate, Kota
       (Raj.)
3.     Superintendent, Central Jail, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Ms. Rekha Madnani, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment

26/08/2021

Heard. Perused the material available on record.

The instant writ petition has been preferred on behalf of the

convict Haris Kumar seeking modification in the parole order dated

dated 08.04.2021 passed on the basis of the recommendations

made by the State Level Parole Committee in its meeting dated

10.03.2021 to the extent, the applicant was granted permanent

parole with requirement of furnishing one personal bond in the

sum of Rs.50,000/- and two sureties in the like amount. A waiver

is sought by the petitioner from furnishing of surety bonds with a

prayer to be released on personal bond only.

(2 of 2) [CRLW-1356/2021]

Learned counsel Shri Rawat submits that the petitioner is a

very poor person and is unable to furnish surety bonds in terms of

the parole order.

As per the reply of the respondents, the convict-petitioner

had satisfactorily availed regular paroles of twenty days and thirty

days and emergent parole of fifteen days without any complaint

whatsoever.

Considering the overall facts and circumstances of the case

and the fact that the convict satisfactorily availed the earlier

parole facilities and did not misuse the liberty so granted to him

and as his jail conduct is satisfactory, we are inclined to accept the

instant writ petition.

Accordingly, the instant writ petition is allowed. The order

dated 08.04.2021 passed by the State Level Parole Committee is

modified qua the convict-petitioner. The convict-petitioner Haris

Kumar S/o Shri Nathulal shall now be released on permanent

parole upon furnishing a personal bond in the sum of Rs.50,000/-.

The condition of furnishing two surety bonds in terms of the order

dated 08.04.2021 is waived. However, the other conditions as

imposed in the parole order are maintained.

                                    (RAMESHWAR VYAS),J                                         (SANDEEP MEHTA),J

                                   Sudhir Asopa/32









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