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High CourtsDivision Bench(2020) 10 RAJ CK 0002

Kamlesh Kumar Mahawar vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 1 October 2020

HON’BLE JUDGES
Indrajit Mahanty, J · Mahendar Kumar Goyal, J
CASE NUMBER
Criminal Writ Petition (Parole) No. 691 Of 2020

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Judgment

6 paragraphs · 329 words

This writ petition has been filed seeking modification in the condition imposed vide order dated 17.9.2020 extending the petitioner benefit of third regular parole.

It is contended by the learned counsel for the petitioner that being eligible, he has been extended third regular parole of 40 days by the District Parole Advisory Committee vide its order dated 17.9.2020 albeit on furnishing a personal bond of Rs.50,000 with one surety of Rs.50,000 to the satisfaction of the District Magistrate, Jaipur.

Learned counsel submits that being a poor person, he could not arrange for surety and hence, has not been able to avail the benefit of parole. He prays that the condition requiring him to submit surety of Rs.50,000 be waived and the authorities may be directed to release him on personal bond only. Learned counsel for the petitioner relies on a coordinate bench order dated 6.8.2020 passed in D.B. Civil Writ Petition No.536/2020, Gajanand vs. State of Rajasthan and Ors. to buttress his submission.

Learned Assistant Government Advocate opposed the petition.

Heard the learned counsels and perused the record. Submission of surety is not a condition precedent for release of a person on parole under Rajasthan Prisoners (Release on Parole) Rules 1958. It could not be disputed by the learned State Counsel that the petitioner has not been able to avail the benefit of regular parole extended in terms of order dated 17.9.2020 on account of failure to furnish the surety.

In these circumstances, the writ petition is allowed in terms that the order dated 17.9.2020 is modified to the extent of deletion of submission of surety in the sum of Rs.50,000 and it is directed that petitioner shall be released on 40 days' regular parole on furnishing his personal bond in the sum as stipulated in the order dated 17.9.2020 with the stipulation that he shall surrender himself before the jail authorities immediately after expiry of period of 40 days and shall maintain peace and tranquility during parole period.