Prakash vs State Of Rajasthan
2021 Latest Caselaw 9436 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. Appli No. 104/2021

Prakash S/o Sh. Mohanji, Aged About 29 Years, At Present Lodged In Central Jail Jodhpur Through His Mother Smt. Nathi Devi W/o Sh. 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) : Mr. Kaluram Bhati through VC For Respondent(s) : Mr. Abhishek Purohit, associate to Mr. Farzand Ali, G.A.-cum-A.A.G.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

12/05/2021

Heard. Perused the material available on record.

The instant criminal misc. application has been filed on

behalf of the convict-petitioner Prakash S/o Shri Mohanji seeking

modification in the order dated 17.12.2020 passed by this Court in

D.B. Criminal Writ Petition No.485/2020 whereby, prayer for

release on seven days' regular parole of the petitioner was

accepted subject to his 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. The

convict-petitioner has filed the misc. application with the prayer to

(2 of 2) [CRLMA-104/2021]

waive/relax the condition of furnishing two surety bonds in terms

of the order dated 17.12.2020 on the ground of his poor financial

condition.

Considering the overall facts and circumstances of the case,

we feel that the prayer of the convict that he may be released on

seven days' regular parole on personal bond only cannot be

accepted. However, on humanitarian consideration and in order to

ensure that the convict-petitioner returns back to custody and is

also able to avail the parole granted to him, the requirement of

furnishing two sureties is modified and instead it is directed that

the petitioner Prakash S/o Shri Mohanji shall be released on seven

days' regular parole upon furnishing a personal bond in the sum of

Rs.80,000/- with one sound and solvent surety of the like amount

to the satisfaction of the Superintendent Central Jail, Jodhpur.

However, the other conditions of the order dated 17.12.2020 shall

be maintained.

With the above modification in the order dated 17.12.2020

passed in D.B. Criminal Writ Petition No.485/2020, the instant

criminal misc. application is disposed of.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

7-Sudhir Asopa/-

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