Om Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 8701 Raj

[2023:RJ-JD:35621-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Writ Petition No. 1618/2023

Om Prakash S/o Shri Panna Lal, Aged About 37 Years, At Present Lodged In Central Jail Bikaner Through His Father Panna Lal S/o Shri Chunilal Aged About 67 Years R/o Wrad No. 2/22 K.y.d. Ps Khajuwala Dist. Bikaner

----Petitioner Versus

1. State Of Rajasthan, Home Deptt. Jaipur

2. The Distt. Collector, Bikaner

3. The Superintendent Central Jail, Bikaner

----Respondents

For Petitioner(s) : Mr. Sunil Dutt Chavariya For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG with Mr. Pallav Sharma

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Judgment / Order

18/10/2023

The instant criminal writ petition is filed by the petitioner

with a prayer for relaxing the condition of furnishing two sureties

of Rs.50,000/- imposed by the District Parole Committee, Bikaner

(for short 'the Committee') in its meeting dated 25.8.2023.

The petitioner has applied for releasing him on 40 days'

parole before the Committee and the said Committee, in its

meeting dated 25.8.2023, has ordered for releasing the petitioner

on 40 days' parole, subject to the condition that he shall furnish a

personal bond of Rs.1,00,000/- along with two sureties of

Rs.50,000/-.

[2023:RJ-JD:35621-DB] (2 of 2) [CRLW-1618/2023]

Learned counsel for the petitioner has submitted that earlier

also, the petitioner has availed 30 days' parole on furnishing a

personal bond only as per the order dated 9.12.2021 passed by

this Court in DB Criminal Writ Petition No.570/2021. It is also

submitted that after availing the said parole, the petitioner has

surrendered himself in time before the jail authorities concerned.

Keeping in view the fact that the petitioner has earlier

availed benefit of parole on furnishing a personal bond only, this

criminal writ petition is allowed and the respondents are directed

to release the petitioner on 40 days' parole, pursuant to the

decision taken by the Committee in its meeting dated 25.8.2023

on furnishing a personal bond of Rs.1,00,000/- only.

The respondents shall not insist the petitioner to furnish two

sureties of Rs.50,000/-, however, the other conditions as imposed

by the Committee for releasing the petitioner on 40 days' parole

are maintained.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

71-msrathore/-

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