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2019 DIGILAW 643 (RAJ)

Veena @ Meena v. State

2019-02-25

SANDEEP MEHTA, VINIT KUMAR MATHUR

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JUDGMENT 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 dated 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 dated 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 Section 436 (1) Cr.P.C. which reads as below:- " 436. In what cases bail to be taken. - (1).................. Provided that such officer or Court, if he or it thinks fit, may and shall, if such person is indigent and is unable to furnish surety, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided. [Explanation.- Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purpose of this proviso.] 4. Having considered overall facts and circumstances of the case as available on record and more particularly keeping in view the fact that the convict has not been able to avail the benefit of parole despite order of this Court owing to lack of resources, we hereby relax the condition imposed in the order dated 24.10.2018 and direct that the convict prisoner Dholiya @ Umariya @ Umrao @ Mandar S/o Shri Chetram shall be released on second parole of thirty days upon his furnishing a personal bond in the sum of Rs. 1,00,000/- with one surety of Rs. 50,000/- to the satisfaction of Superintendent Central Jail Bikaner. The other conditions of the order dated 24.10.2018 are maintained. 5. The writ petition is allowed accordingly.