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2019 DIGILAW 1552 (RAJ)

Shiv Lal v. State

2019-05-17

SANDEEP MEHTA, VINIT KUMAR MATHUR

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JUDGMENT : 1. Heard. Perused the material available on record. 2. On going through the original nominal roll of the convict petitioner, it is apparent that he has undergone 16 years of actual imprisonment and 21 years imprisonment with remission. He is presently being housed in the physically challenged ward of the Central Jail, Bikaner. 3. The application for permanent parole filed by the convict was accepted by the State Government vide order dated 08.02.2019 and it was directed that the convict petitioner shall be released on permanent parole upon his furnishing persons bond in the sum of Rs. 50,000/- with two sureties in the like amount. 4. However, the petitioner claims to be a poor man, unable to arrange the two sureties and thus, continues to languish in jail despite being sanctioned permanent parole. He has approached this Court by way of this writ petition seeking relaxation of condition of furnishing the two surety bonds imposed in the order dated 08.02.2019. 5. Shri Bhati has placed on record copy of the order dated 23.07.2015 passed by Coordinate Division Bench of this Court in D.B. Civil Parole Writ Petition No. 7208/2015 whereby the convict-petitioner was permitted to be released on second parole of 30 days upon furnishing personal bond while relaxing the condition of furnishing two sureties. It is not in dispute that the convict surrendered back at the prison after completion of the second parole period. 6. In this background and considering the pathetic physical condition of the convict petitioner in jail and his poor family background, we are inclined to accept the instant writ petition, which is allowed. The convict petitioner Shiv Lal S/o Indar Bhagat, by caste Mali, R/o Kandh Bhagwan Pur, Mali Tola, Ps Masrakh, District Chapra, Bihar shall be released on permanent parole upon his furnishing a personal bond in the sum of Rs. 50,000/- to the satisfaction of Superintendent, Central Jail, Bikaner with an additional condition that he shall mark his presence before the Superintendent Central Jail, Bikaner in the month of January each year. He shall also give the details of his permanent place of residence and mobile number held by him. 50,000/- to the satisfaction of Superintendent, Central Jail, Bikaner with an additional condition that he shall mark his presence before the Superintendent Central Jail, Bikaner in the month of January each year. He shall also give the details of his permanent place of residence and mobile number held by him. In case of change in either, intimation to this effect shall be provided to Superintendent Central Jail, Bikaner who shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody if so required.