Mehboob Khan vs State
2021 Latest Caselaw 9571 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 276/2021

Mehboob Khan S/o Sh. Daud Khan, Aged About 33 Years, Kajipura Mohla, P.s. Marwar Junction, Dist. Pali. (At Present Lodged In Open Air Camp, Bichwal Under Central Jail, Bikaner).

----Petitioner Versus

1. State, Through Secretary Of Home Dept. Jaipur (Raj.).

2. The District Collector, Pali.

3. The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s) : Mr. Kalu Ram Bhati (through VC) For Respondent(s) : Mr. Farzand Ali, G.A.-cum-A.A.G with Mr. Abhishek Purohit

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

Judgment

26/05/2021

Issue notice to the respondents.

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 convict petitioner has been granted third parole of forty

days by the District Parole Advisory Committee, Pali vide order

dated 18.03.2021 whereby he has been directed to furnish a

personal bond in the sum of Rs.50,000/- and two sureties in the

like amount as a pre-requisite condition for being released on

parole. The convict-petitioner has filed the instant writ petition

seeking relaxation in the condition of furnishing surety bonds in

(2 of 2) [CRLW-276/2021]

terms of the order of the District Parole Committee owing to his

poor financial position.

Having regard to the overall facts and circumstances of the

case and considering the fact that earlier vide order dated

13.11.2019 passed in D.B. Criminal Writ Petition No.414/2019, the

petitioner was released on second parole of thirty days upon

furnishing a personal bond only by relaxing the condition of

furnishing surety bonds and that he did not misuse the liberty so

granted, we deem it proper to release the petitioner Mehboob

Khan S/o Shri Daud Khan on third parole of forty days by relaxing

the condition of furnishing two surety bonds as imposed by the

District Parole Committee. Thus, the requirement of furnishing two

surety bonds is waived. However, the other conditions as imposed

by the Committee qua the convict petitioner are maintained.

The writ petition is allowed, accordingly.

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

2-/Pramod/Sudhir/-

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