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Judgment
This writ petition has been filed by the petitioner seeking release on first parole for a period of 20 days on furnishing personal bond to the satisfaction of Superintendent, Women Central Jail, Jodhpur.
The District Level Parole Advisory Committee in its meeting held on 10.12.2019 resolved to release the petitioner on first parole for a period of 20 days on her furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each.
Learned counsel appearing for the petitioner submits that the petitioner is a poor lady and there is nobody in her family, who can stand surety for her and, therefore, in the interest of justice the petitioner may be directed to be released on her furnishing personal bond. The condition imposed by the District Level Parole Advisory Committee for furnishing two sureties of Rs.25,000/-, may be waived.
The prayer is opposed by the learned Government Counsel stating that there is no provision for the release of the convict on parole without furnishing solvent surety.
Learned counsel appearing for the petitioner submits that in number of cases, this Court exercised its jurisdiction under Article 226 of the Constitution of India and directed release of the convict on parole on their furnishing personal bond without surety. In this regard, learned counsel has relied upon the order dated 07.11.2019 passed by a coordinate Bench in D.B. Criminal Writ Petition No.442/2019.
Taking into consideration the facts and circumstances of the case, we consider it appropriate to permit the petitioner's release on first parole for 20 days on her furnishing personal bond only.
Accordingly the writ petition is allowed. The petitioner shall be released on first parole of 20 days on her furnishing personal bond in the sum of Rs.50,000/- to the satisfaction of Superintendent, Women Central Jail, Jodhpur. The condition imposed by the District Level Parole Advisory Committee vide resolution dated 10.12.2019 regarding furnishing of two sureties of Rs.25,000/- each, shall stand waived.