R.S.CHAUHAN, J. - (1.) INCARCERATED in Central Jail Bikaner, a convicted prisoner, Mahendra Singh, has sent a letter to this Court which has been treated as a letter petition by this Court.
(2.) THE learned counsel for the petitioner has pleaded that by order dated 16.07.2012, the District Parole Committee had granted him parole for fourty days. However, it has directed the petitioner to furnish two sureties of Rs.1,00,000/- each verified by the Tehsildar, and a personal bond of Rs.2,00,000/-. It is further directed that the convicted prisoner shall mark his attendance every week at the nearest police station during the parole period. THE petitioner prays that the requirement of furnishing of two sureties may kindly be reduced. At best, the petitioner can furnish a surety of Rs.10,000/- and a personal bond of Rs.10,000/-. The learned Additional Govt. Advocate has fairly admitted the fact that the petitioner has completed a total sentence of ten years, six months and one day as of 19.08.2012. However, he has opposed the prayer made by the petitioner. Heard the learned Public Prosecutor. Although incarceration of a person necessarily implies deprivation of his fundamental rights, but the fundamental rights are not completely obliterated. The twin rights of "life" and "personal liberty" continue to glow even in the dark corners of a prison. Realizing these twin aspects, the Parole Rules were created as a piece of social beneficial legislation for the benefit of the large number of convicted prisoners. Even when the convicted prisoner is serving a "term of imprisonment" or of "life imprisonment", he does have a right of consideration of his case for parole. During the parole period personal liberty is restored for a limited period. Repeatedly, the Hon'ble Supreme Court and this Court have held that parole serves three purposes; firstly, it re-establishes the link between the prisoner and his family; secondly, it permits the prisoner to move freely in the mainstream of society; thirdly, it is a motivational method to encourage the prisoner to reform himself during the period of incarceration. In fact, Rule 13 of the Rajasthan Prisoners (Release on Parole) Rules, 1958 ('the Rules', for short) clearly states that parole should be used as a means to teach good behaviour to the prisoner. Keeping these views in mind, both Hon'ble Supreme Court and this Court have repeatedly held that the parole should be granted as liberally as possible. While considering the cases, the Advisory Committee should be alive to the constitutional mandate and to the philosophy which underlines the Parole Rules. Under the Rules the convicted prisoners have the right of consideration of being granted the parole in case they where to fulfil the eligibility requirement laid down by the Rules. The right of consideration is a substantive right. It cannot be converted into an illusory right by imposition of onerous condition. The District Parole Committee/Advisory Committee have to keep in mind the stark reality of this country where poverty stalks the land. However, poverty cannot deprive a convicted prisoner of the fundamental right to life - the right to life would include the right to associate with one's family and, if found eligible, to be released on parole. After all, parole is means to restore the fundamental right of movement and is a means to restore the family ties. Therefore, the District Parole Committee/Advisory Committee should not impose the onerous requirement of furnishing of two sureties. They should be sensitive to the economic condition of the convicted prisoner. Therefore, this court modifies the order dated 16.07.2012, the condition of furnishing two sureties is reduced to one surety and the amount is reduced from Rs.1,00,000/- to Rs.25,000/-. This court further reduces the personal bond amount from Rs.2,00,000/- to Rs.25,000/-. Thus, in case, the petitioner furnishes a personal bond of Rs.25,000/- and one surety of Rs.25,000/- verified by the Tehsildar to the satisfaction of the Superintendent, Central Jail Bikaner, then the petitioner, Mahendra Singh S/o Hari Singh, shall be released on parole of fourty days. He is directed to maintain peace and tranquility during his furlough, and to report back to the Central Jail, Bikaner after completion of the fourtieth day of his first parole. The other conditions so imposed by the committee are, hereby, maintained. The petition is, hereby, disposed off. ;