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Rajasthan High Court - Jodhpur
Shesha Ram vs State Of Rajasthan ... on 12 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:11790-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 132/2026
Shesha Ram, S/o Sonaram, R/o Girdara Ps Sadar Pali, Dist. Pali.
(Lodged In Central Jail Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary
2. Collector, Pali
3. Superintendent Central Jail, Jodhpur
----Respondents
For Petitioner(s) : By Post
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
HON'BLE MR. JUSTICE FARJAND ALI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
12/03/2026
1. The present writ petition has been instituted by the
petitioner-convict seeking relaxation of the conditions imposed in
connection with grant of second regular parole. The grievance of
the petitioner is confined to the condition requiring furnishing of
sureties for availing the benefit of parole.
2. The record indicates that the petitioner-convict stands
convicted by the Court of learned Additional Sessions Judge, Pali
in Sessions Case No.127/2015 (974/14) for offences under
Sections 302, 307 and 326 IPC and has been sentenced to
undergo life imprisonment along with fine of Rs.65,000/-, with
further sentence in default of payment of fine.
3. It is borne out from the material placed on record that the
case of the petitioner was considered by the District Parole
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Advisory Committee, Pali, and in its meeting held on 26.06.2025
the Committee resolved to grant the petitioner second regular
parole for a period of 30 days. The said parole was, however,
made subject to the condition that the petitioner would furnish a
personal bond in the sum of Rs.50,000/- along with two sureties
of Rs.25,000/- each along with solvency certificate.
4. The petitioner has approached this Court through a
representation submitted from jail stating that he belongs to a
modest background and does not possess the financial capacity to
arrange the required sureties. It is contended that despite the
parole having been sanctioned by the competent authority, he has
not been able to avail the same on account of financial hardship.
5. The State has filed its reply and has also placed on record
the report received from the SHO, Police Station Sadar, District
Pali. The said report reflects that the petitioner belongs to a family
of ordinary means. It is mentioned that the petitioner's mother is
aged about 70 years and resides in the village. The report further
indicates that the petitioner has two brothers, namely Chunilal and
Pappuram. It has been noted that one of the brothers is presently
lodged in open jail Mandore undergoing sentence, while the other
is serving sentence in open jail Barmer. The report also records
that the petitioner's family does not appear to possess substantial
financial resources and their economic condition is ordinary. No
adverse apprehension regarding breach of peace or law and order
has been indicated in the report.
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6. This Court has considered the submissions advanced on
behalf of the parties and has perused the material available on
record.
7. The entitlement of the petitioner to second regular parole
already stands recognised by the District Parole Advisory
Committee. The limited question which arises for consideration in
the present proceedings is whether the condition requiring
furnishing of two sureties of Rs.25,000/- each deserves
modification in the peculiar facts of the case.
8. It is significant to note that although the parole was
sanctioned by the competent authority in July, 2025, the petitioner
has not been able to avail the same till date. The prolonged non-
availment of the parole itself indicates that the petitioner has not
been in a position to comply with the condition relating to
furnishing of sureties.
9. It is well settled that conditions imposed for release of a
prisoner, whether in bail or parole matters, must be reasonable
and capable of compliance. A condition which becomes impossible
to satisfy for want of means would defeat the very purpose of
granting relief and render the order ineffective in practice.
10. In the present case, the petitioner has asserted his inability
to furnish sureties owing to financial hardship. The police report
placed on record by the State also reflects that the petitioner's
family circumstances are modest. The fact that the petitioner's
brothers themselves are undergoing sentence and the family is
left with limited means further supports the assertion regarding
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financial incapacity. Thus, the material on record lends credence to
the petitioner's claim that he is not in a position to arrange the
required sureties.
11. In such circumstances, the continued incarceration of the
petitioner despite grant of parole appears to be attributable solely
to his inability to furnish sureties. This Court is therefore of the
view that the condition relating to furnishing of sureties deserves
to be suitably modified so that the benefit of parole already
granted by the competent authority does not remain illusory.
12. Accordingly, the present writ petition is allowed. The
condition imposed by the District Parole Advisory Committee, Pali
requiring the petitioner to furnish two sureties of Rs.25,000/- each
is modified. The petitioner shall be released on second regular
parole for a period of 30 days on furnishing a personal bond in the
sum of Rs.50,000/- to the satisfaction of the Superintendent of
the concerned jail, without insisting upon furnishing of sureties. All
other conditions governing the grant of parole shall remain intact.
It is clarified that the period of parole shall be counted from the
date of actual release of the petitioner from jail.
13. A copy of this order be forwarded to the concerned jail
authority forthwith for immediate compliance.
(SANDEEP SHAH),J (FARJAND ALI),J
26-chhavi/-
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