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Rajasthan High Court - Jodhpur
Kapil Duggal Alias Ajay Duggal vs State Of Rajasthan ... on 12 March, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:12289-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 705/2026
Kapil Duggal Alias Ajay Duggal S/o Ashok Kumar, Aged About 45
Years, Resident Of Ward No. 05 Hanuman Colony,near Nehru
College, Police Station City Hansi, District Hisar. (Presently
Confined In Open Air Camp, Bikaner)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Home (Group-12)
Department, Government Of Rajasthan, Jaipur.
2. Director General Jail, Rajasthan, Jaipur.
3. District Collector And District Magistrate,
Bikaner,rajasthan.
4. The Superintendent, Central Jail- Bikaner.
----Respondents
For Petitioner(s) : Mr. Jaidev Singh Bhati
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. K.S. Kumawat
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 seeking appropriate directions for modification of the in
the order dated 06.01.2026 passed by the Dy. Secretary, Home
Deptt. wherein conditions imposed while granting him permanent
parole, particularly the requirement of furnishing two surety bonds
of ₹50,000/- each.
2. The factual matrix giving rise to the present petition reveals
that the petitioner is presently undergoing sentence of life
imprisonment for the offences punishable under Sections 302,
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149, 458 and 148 of the Indian Penal Code in connection with FIR
No.195/2011 registered at Police Station Hamirwas. The
conviction and sentence were recorded by the learned Additional
Sessions Judge, Rajgarh, District Churu in Criminal Case No.
46/2011. It has been brought to the notice of this Court that the
petitioner has already undergone a substantial period of
incarceration and during his confinement in the Central Jail,
Bikaner, his conduct and behaviour have remained peaceful,
disciplined and free from any complaint.
2.1. It further transpires from the record that the case of the
petitioner was placed before the State Level Parole Committee in
its meeting held on 02.12.2025. Upon consideration of the
recommendations made by the said committee, the State
Government took a decision to release eleven prisoners, including
the present petitioner, on permanent parole subject to fulfillment
of certain conditions. Consequently, vide order dated 06.01.2026,
the Deputy Secretary, Home Department, Government of
Rajasthan issued directions for releasing the petitioner on
permanent parole on the condition that he furnishes two surety
bonds of ₹50,000/- each along with a personal bond of ₹50,000/-.
2.2. The grievance raised in the present petition is that despite
the order granting permanent parole, the petitioner has been
unable to avail the benefit thereof on account of his inability to
comply with the condition of furnishing two solvent sureties of
₹50,000/- each. Hence the instant petition.
3. Learned counsel for the petitioner submits that the petitioner
belongs to an economically deprived tribal background and does
not possess sufficient financial resources to arrange two solvent
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sureties in the amount stipulated in the order dated 06.01.2026.
As a consequence, though the competent authority has already
granted him permanent parole, the petitioner continues to remain
in custody solely due to his financial incapacity.
3.1. It has been further submitted that the petitioner is willing
and ready to furnish a personal bond of ₹50,000/- and is also
capable of arranging one surety bond of ₹25,000/-, but arranging
two sureties of ₹50,000/- each is beyond his means. Learned
counsel therefore prays that the said condition may suitably be
relaxed so that the petitioner may effectively avail the benefit of
permanent parole already granted to him.
4. We have heard considered the submissions advanced at the
Bar and perused the material available on record.
4.1. It is noteworthy that the competent authority, after due
deliberation and upon the recommendation of the State Level
Parole Committee, has already found the petitioner suitable for
release on permanent parole. The only impediment preventing the
petitioner from availing the benefit of the said order is the
condition relating to furnishing of two solvent sureties of
₹50,000/- each.
4.2. The object underlying the requirement of sureties is
essentially to secure the presence and good conduct of the
prisoner during the period of release. However, such conditions
cannot be imposed in a manner that renders the order granting
parole illusory or incapable of compliance, particularly in cases
where the prisoner belongs to an economically disadvantaged
background. The administration of parole, being a reformative
measure within the criminal justice system, must operate in a
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manner that balances societal safeguards with humanitarian
considerations.
4.3. In the present case, the petitioner's conduct during
incarceration has been reported to be satisfactory and there is
nothing on record to indicate any likelihood of misuse of the
liberty granted to him. The insistence upon furnishing two sureties
of ₹50,000/- each, in the circumstances of the present case,
appears to operate as an undue hardship which effectively nullifies
the benefit of the order granting permanent parole.
4.4. In view of the foregoing considerations, this Court is of the
opinion that the ends of justice would be adequately served by
relaxing the condition relating to sureties.
5. Accordingly, the writ petition is allowed. The condition
requiring the petitioner to furnish two surety bonds of ₹50,000/-
each as stipulated in the order dated 06.01.2026 is hereby relaxed
and exempted. The petitioner shall be released on permanent
parole upon furnishing a personal bond of ₹50,000/- along with
one surety bond of ₹25,000/- to the satisfaction of the competent
authority.
5.1. Upon fulfillment of the aforesaid conditions and completion of
the requisite formalities, the concerned authorities shall ensure
that the petitioner is released forthwith in accordance with the
order granting permanent parole.
(SANDEEP SHAH),J (FARJAND ALI),J
34-Mamta/-
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