CHENA RAM Vs. STATE OF RAJAJASTHAN & ORS.

JUDGEMENT

(1.) THE petitioner -convict, having been granted 20 days' parole subject to conditions of furnishing two sureties in the sum of Rs. 25,000/ - each along with a personal bond and subject to a few other conditions like his attendance every alternate day at the concerned Police Station, has sent this letter petition with the prayer that he may be allowed to avail the benefit of parole by accepting his personal bond instead. The petitioner has pointed out several of the adverse circumstances, including poor financial condition, wherefor he is not in a position to arrange for the requisite sureties. The petitioner has also pointed out that he is serving the sentence for last about 7 years without any cause of complaint.

(2.) THE respondents have filed a reply opposing the prayer made by the petitioner with reference to Rule 7 of the Rajasthan Prisoners Release on Parole Rules, 1958. However, we are unable to find from the reply submissions any material circumstance wherefor release of the petitioner only on personal bond could be considered undesirable. In the totality of the circumstances, we are of the opinion that the petitioner must not be deprived of benefit of parole, which has the object, inter alia, of bringing him in the main stream of society; and we deem it appropriate to modify the condition prescribed under the order granting parole to the petitioner regarding furnishing of sureties and bond by substituting the same with the requirement of furnishing personal bond in the sum of Rs. 50,000/ - only.

(3.) IN view of the above, this petition is allowed to the extent and in the manner indicated above. The proceedings of the District Parole Committee, Rajsamand dated 17.01.2012 and the consequential order issued by the District Magistrate, Rajsamand are modified qua the petitioner and he is ordered to be released on parole for 20 days upon his furnishing a personal bond in the sum of Rs. 50,000/ - to the satisfaction of the concerned Jail Superintendent. It is made clear that we have only modified the condition regarding bond/sureties as above. Other conditions mentioned in the order granting parole shall apply.