Mohan @ Rajesh vs State Of Rajasthan
2021 Latest Caselaw 10932 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 397/2021

Mohan @ Rajesh S/o Shri Madan Das, Aged About 28 Years, R/o Village Khejri, Vijaynagar, Gulabpura, P.s. Sambhu Nagar, District Bhilwara (At Present Central Jail, Ajmer)

----Petitioner Versus

1. State Of Rajasthan, Home Department , Jaipur (Raj.)

2. The District Collector, Bhilwara.

3. The Superintendent, Central Jail, Ajmer.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G.

Mr. Abhishek Purohit

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

15/07/2021

Issue notice to the respondents.

Mr. Farzand Ali, learned G.A.-cum-A.A.G., accepts notice on

behalf of the respondents.

With the consent of the learned counsel for the parties, the

matter is being heard and decided today itself.

The convict petitioner Mohan @ Rajesh S/o Shri Madan Das

has been granted emergent parole of fifteen days by the District

Parole Advisory Committee, Bhilwara vide order dated 06.07.2021

whereby he has been directed to furnish a personal bond in the

sum of Rs.1,00,000/- and two sureties in the sum of Rs.50,000/-

each as a pre-requisite condition for being released on parole.

The instant writ petition has been filed on behalf of the convict-

(2 of 2) [CRLW-397/2021]

petitioner seeking relaxation/waiver in the condition of furnishing

surety bonds in terms of the order of the District Parole Advisory

Committee owing to his poor financial position.

Having regard to the overall facts and circumstances of the

case and keeping in view the fact that the petitioner has

satisfactorily availed first parole of twenty days upon furnishing a

personal bond only and as now, because of his family being in dire

financial condition, he is unable to furnish the surety bonds

despite emergent parole being sanctioned to him, we deem it

proper to release the petitioner Mohan @ Rajesh S/o Shri Madan

Das on emergent parole of fifteen days by relaxing the condition

of furnishing two surety bonds as imposed by the District Parole

Advisory Committee, Bhilwara in its order dated 06.07.2021.

Thus, the requirement of furnishing two surety bonds is waived.

The other conditions as imposed by the Committee qua the

convict petitioner vide the order dated 06.07.2021 are

maintained.

The writ petition is allowed, accordingly.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J 22-Sudhir Asopa/-

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