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2022 DIGILAW 478 (RAJ)

Shaitan Singh v. State Of Rajasthan

2022-02-11

ANOOP KUMAR DHAND, MANINDRA MOHAN SHRIVASTAVA

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JUDGMENT 1. Writ petition filed by the petitioner seeking indulgence in the matter of modification/relaxation of the conditions of release on parole. 2. In the petition, the petitioner has stated that though an order was passed on 24.07.2019 granting parole, onerous conditions could not be fulfilled by the petitioner as he belongs to a poor family and, therefore, despite the order of release, he could not be released on parole due to his incapacity to fulfill the onerous conditions. 3. Learned State Counsel would submit that petitioner's claim of he being poor and unable to fulfill the conditions is subject to proper enquiry with regard to the financial status of the petitioner and unless such enquiry is made, petitioner's claim cannot be accepted. 4. We find that the petitioner was granted parole on 24.07.2019 with the conditions that he will have to furnish two attested sureties in the sum of Rs. 25,000/- each and also a personal bond in the sum of Rs. 50,000/-. almost one and half years have elapsed and the petitioner could not come out, which is apparently for the reason that he has not been able to arrange attested sureties and even the personal bond as conditions for his release. Therefore, the claim of the petitioner cannot be said to be baseless as no one would prefer to remain in jail despite there being an order of release on parole in his favour. The matter, therefore, requires a brief enquiry to be made. For this purpose, we direct the District Magistrate, ajmer, who granted parole, to hold a brief enquiry with regard to the financial condition of the petitioner and if the petitioner is found to be a person belonging to poor strata, the conditions shall be relaxed so that not only the petitioner is able to fulfill, at the same time, his return after completion of parole is also ensured. 5. Let the aforesaid brief enquiry be held by the District Magistrate, ajmer within a period of three weeks and appropriate orders be passed towards relaxation within that period upon production of copy of this order. 6. The writ petition is, accordingly, disposed off.