Rajasthan High Court - Jodhpur
Asharam @ Ashu vs State Of Rajasthan on 13 May, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Appli No. 132/2021
Asharam @ Ashu S/o Sh. Bhanwar Lal, Aged About 26 Years, By
Caste Keer, At Present Lodged In Central Jail, Ajmer Through His
Father Shri Bhanwar Lal S/o Shri Mool Ji, Aged About 60 Years,
R/o Village Rajiyasar, P.s. Phuliyakala, At Present Kodukota, P.s.
Sadar, District Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Of Home Dept.
Jaipur.
2. The District Collector, Bhilwara.
3. The Superintendent, Central Jail, Ajmer.
----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
13/05/2021
Issue notice to the respondents.
Shri Abhishek Purohit, associate to Shri Farzand Ali, G.A.-
cum-A.A.G. accepts notice on their behalf.
With the consent of learned counsel for the parties, the
matter is being heard and decided today itself.
The instant criminal misc. application has been filed on
behalf of the convict-petitioner Asharam @ Ashu S/o Shri Bhanwar
Lal seeking modification in the order dated 13.01.2021 passed by
this Court in D.B. Criminal Writ Petition No.474/2020 whereby,
prayer for release on seven days' regular parole of the petitioner
(2 of 2) [CRLMA-132/2021]
was accepted subject to his furnishing a personal bond in the sum
of Rs.1,00,000/- with two sound and solvent sureties in the sum
of Rs.50,000/- each to the satisfaction of Superintendent, Central
Jail, Ajmer. The convict-petitioner has filed the misc. application
with the prayer to waive/relax the condition of furnishing two
surety bonds in terms of the order dated 13.01.2021 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 Asha Ram @ Ashu S/o Shri Bhanwar Lal shall be
released on seven days' regular parole upon furnishing a personal
bond in the sum of Rs.1,00,000/- with one sound and solvent
surety of the like amount to the satisfaction of the Superintendent
Central Jail, Ajmer. However, the other conditions of the order
dated 13.01.2021 shall be maintained.
With the above modification in the order dated 13.01.2021
passed in D.B. Criminal Writ Petition No.474/2020, the instant
criminal misc. application is disposed of.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
1-Sudhir Asopa/-
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