Omveer S/O Shri Rajendra vs State Of Rajasthan
2021 Latest Caselaw 2478 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          D.B. Criminal Writ Petition No. 999/2021
Omveer S/o Shri Rajendra, Aged About 20 Years, At Present
Lodged In Central Jail, Ajmer Through His Father Rajendra Singh
S/o Shri Mukha Singh, Aged About 55 Years, R/o Village Peetpur,
P.s. Lakshar, District Haridwar, Uttrakhand.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Home Department, Jaipur.
2.     The District Collector, Ajmer.
3.     The Superintendent, Central Jail, Ajmer.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Kalu Ram Bhati
For Respondent(s)        :     Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA (V.J.) HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL (V.J.) Order 25/06/2021

The petitioner has preferred this criminal writ petition

seeking exemption from submitting surety and seeking release on

parole for a period of 20 days on personal bond alone.

It is submitted that the petitioner is a poor person and has

no requisite address/amount for submission of surety.

Learned counsel relies on the judgment passed by the

Supreme Court in case of Moti Ram & Ors. Versus State of

Madhya Pradesh reported in (1978) 4 SCC 47, to submit that

the petitioner can be released on first parole for a period of 20

days on personal bond alone.

Reply has already been filed. It is stated that the Parole

Advisory Committee had rejected the application for release on

parole on the ground that the address of any relative or parents

(2 of 3) [CRLW-999/2021]

has not given by the petitioner. However, after considering the

said aspect, this Court had earlier allowed the writ petition and

had directed the respondents to release the petitioner on first

regular parole vide order dated 28.04.2021.

This Court finds that as per nominal role, the detailed

address of the petitioner has been mentioned and the present

petition has also been filed through his father. Thus, it cannot be

said that the petitioner's details relating to parents and address

are not known to the respondents.

In Moti Ram Versus State of Madhya Pradesh (supra) the

Supreme Court has held as under:-

"25. Section 445 suggests, especially read with the marginal note, that deposit of money will do duty for bond 'with or without sureties'. Section 441(1) of the Code may appear to be a stumbling block in the way of the liberal interpretation of bail as covering own bond with and without sureties superficially viewed it uses the words 'bail' and 'own bond' as antithetical, if the reading is literal. Incisively understood, Section 441(1), provides for both the bond of the accused and the undertaking of the surety being conditioned in the manner mentioned in the sub-section. To read 'bail' as including only cases of release with sureties will stultify the sub-section; for then, an accused released on his own bond without bail, i.e. surety, cannot be conditioned to attend at the appointed place. Section 441(2) uses the word 'bail' to include 'own bond' loosely as meaning one or the other or both. Moreover, an accused in judicial custody, actual or potential, may be released by the court to further the ends of justice and nothing in Section 441(1) compels a contrary meaning.

30. If sureties are obligatory even for juveniles, females and sickly accused while they can be dispensed with, after being found guilty, if during trial when the presence to instruct lawyers is more necessary, an accused must buy release only with sureties while at the appellate level, suretyship is expendable, there is unreasonable restriction on personal liberty with discrimination writ when the provisions. The hornet's nest of part III need not be provoked if we read 'bail' to mean that it popularly does, and lexically and in American Jurisprudence is stated to mean, viz. A generic expression used to describe judicial release from custodia juris. Bearing in

(3 of 3) [CRLW-999/2021]

mind the need for liberal interpretation in areas of social justice, individual freedom and indigents's rights, we hold that bail covers both release on one's own bond, with or without sureties. When sureties should be demanded and what sum should be insisted on are dependent on variables.

31. Even so, poor men Indians are, in monetary terms, indigents young persons, infirm individuals and women are weak categories and courts should be liberal in releasing them on their own recognisances put whatever reasonable conditions you may.

32. It shocks one's conscience to ask a mason like the petitioner to furnish sureties for Rs.10,000. The magistrate must be given the benefit of doubt for not fully appreciating that our Constitution, enacted by 'We, the People of India', is meant for the butcher, the baker and the candlestick maker shall we add, the bonded labour and pavement dweller."

Learned Additional Advocate General has opposed the

petition.

We have considered the submissions made by learned

counsel for the parties.

Accordingly, we allow this criminal writ petition and direct the

Superintendent, Central Jail, Ajmer to release the petitioner

namely, Omveer S/o Shri Rajendra, on first parole for a period

of 20 days, which shall commence from the date of his release,

upon furnishing his personal bond of Rs.10,000/- to the

satisfaction of the Superintendent, Central Jail, Ajmer with the

stipulation that he shall surrender himself and return back to the

Central Jail, Ajmer. He shall maintain peace and tranquillity during

the period of parole which will include journey period also. In

case, he fails to surrender on the stipulated day, the jail authority

shall proceed in accordance with law.

                                   (MAHENDAR KUMAR GOYAL                           (SANJEEV PRAKASH SHARMA
                                   (V.J.)),J                                                         (V.J.)),J

                                   SAURABH YADAV /670/1









Powered by TCPDF (www.tcpdf.org)