- (1.) THE petitioner-convict, having been granted permanent parole subject to the condition of furnishing two sureties in the sum of Rs. 25,000/- each along with a personal bond in the sum of Rs. 50,000/-, 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.
(2.) THE petitioner has stated that during his long incarceration for over 16 years, the whole world has changed; and 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 availed one parole per the order of this Court; and was granted another parole by the Collector but he not could avail of the same because except his old mother, nobody is in his family to make the arrangements. 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. It is, however, submitted that the petitioner has served the sentence for a period of about 19 years 5 months and 23 days, including remission as on 12.04.2012. It is also clear that the petitioner earlier availed 20 day's parole without any cause of complaint. We are unable to find from the reply submissions any material circumstance wherefor the release of the petitioner only on personal bond could be considered undesirable. It appears that the petitioner earlier filed a parole petition bearing No.677/2012 and the same was disposed of by the Court on 13.02.2012 while directing the respondents to decide the matter of the petitioner for releasing him on permanent parole on personal bond whereupon the matter is said to have been re-considered by the State Parole Committee on 20.03.2012. However, from the order dated 13.04.2012 (Annex.R/1) as issued by the State Government, we are unable to find any reason or cause forthcoming wherefor release of the petitioner on personal bond was considered undesirable. It is also noticed that a condition has, of course, been put on the petitioner to regularly mark his attendance at Police Station, Jhab District Jalore in the first week of every month for one year after his release. 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. In view of the above, this petition is allowed to the extent and in the manner indicated above. The order dated 13.04.2012 (Annex.R/1) is modified qua the petitioner and he is ordered to be released on permanent parole upon his furnishing a personal bond in the sum of Rs. 50,000/- to the satisfaction of the concerned Jail Superintendent.
(3.) 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.;