Citation : 2021 Latest Caselaw 9613 Raj
Judgement Date : 28 May, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. Appli No. 139/2021
Jawahar Singh S/o Sh. Swaroop Singh, Aged About 65 Years, At Present Lodged In Central Jail, Jodhpur Through His Wife Smt. Antri Devi W/o Sh. Jawahar Singh, B/c Rajput, Aged About 60 Years, R/o Village Raniwada Khurd, P.s. Raniwada, Dist. Jalore.
----Petitioner Versus
1. State Of Rajasthan, Home Dept. Jaipur.
2. The District Collector, Jalore.
3. The Superintendent, Central Jail, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati (through VC) For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA with Mr. Abhishek Purohit
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment
28/05/2021
The convict-petitioner Jawahar Singh was granted first parole
by virtue of this Court's order dated 08.07.2020 passed in D.B.
Criminal Writ No.221/2020. By this order, the convict petitioner
was required to furnish a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each.
Thereafter, the convict petitioner filed another writ petition
(No.78/2021) from Jail praying that the condition of furnishing two
sureties in terms of the order dated 08.07.2020 may be relaxed
and this Court, vide order dated 25.02.2021, partly accepted the
prayer of the petitioner and while modifying the requirement of
furnishing two sureties, directed him to be released on first parole
(2 of 2) [CRLMA-139/2021]
upon furnishing a personal bond in the sum of Rs.50,000/- with
one sound and solvent surety in the sum of Rs.25,000/-.
Now, by way of this writ petition, the petitioner has again
approached this Court with the prayer that owing to prevailing
lockdown, he is not able to furnish sound and solvent surety in
terms of the order dated 25.02.2021 and therefore, the said
requirement may kindly be waived.
Having regard to the overall facts and circumstances of the
case and looking to the prevailing Covid-19 pandemic situation, it
is hereby directed that the requirement of furnishing one sound
and solvent surety, duly verified from the Tehsildar concerned as
imposed in order dated 25.02.2021 is modified and instead it is
directed that the convict-petitioner Jawahar Singh S/o Shri
Swaroop Singh shall be released on first parole of twenty days
upon furnishing a personal bond in the sum of Rs.50,000/- with
one surety in the sum of Rs.25,000/- to the satisfaction of the
Superintendent Central Jail, Jodhpur. However, the other
conditions of the order dated 25.02.2021 shall be maintained.
The misc. application is disposed of accordingly.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
3-Sudhir Asopa/-
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