VEENA Vs. STATE

JUDGEMENT

(1.) The petitioner is the wife of the convict Dholiya @ Umariya @ Umrao @ Mandar, presently R/o H.No.589/14, Indra Colony Hansi Tehsil and District Hisra, Haryana. The convict was granted benefit of second regular parole vide order dtd. 24/10/2018 in D.B. Criminal Writ No. 337/2018.

(2.) Having failed to arrange two sureties as ordered by this Court, the convict continues to languish in jail. The instant criminal petition has been filed with a prayer to relax the conditions imposed in the order dtd. 24/10/2018 and permit the convict to avail the benefit of second parole by furnishing one surety.

(3.) We feel that no man can be deprived of his liberty save as provided by law and simply because he happens to be an indigent person. We appreciate the assistance of Shri J.P.S. Choudhary, PP who has pointed out the proviso to Sec. 436 (1) Cr.P.C. which reads as below:-