High CourtsDivision Bench

Asharam @ Ashu vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 13 May 2021 · Citation: (2021) 05 RAJ CK 0022

HON’BLE JUDGES
Sandeep Mehta, J · Devendra Kachhawaha, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Appli No. 132 Of 2021
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Judgment

16 paragraphs · 312 words

Issue notice to the respondents.

Shri Abhishek Purohit, associate to Shri Farzand Ali, G.A.-cum-A.A.G. accepts notice on their behalf.

With the consent of learned counsel for the parties, the matter is being heard and decided today itself.

The instant criminal misc. application has been filed on behalf of the convict-petitioner Asharam @ Ashu S/o Shri Bhanwar Lal seeking modification

in the order dated 13.01.2021 passed by this Court in D.B. Criminal Writ Petition No.474/2020 whereby, prayer for release on seven days’ regular

parole of the petitioner was accepted subject to his furnishing a personal bond in the sum of Rs.1,00,000/- with two sound and solvent sureties in the

sum of Rs.50,000/- each to the satisfaction of Superintendent, Central Jail, Ajmer. The convict-petitioner has filed the misc. application with the prayer

to waive/relax the condition of furnishing two surety bonds in terms of the order dated 13.01.2021 on the ground of his poor financial condition.

Considering the overall facts and circumstances of the case, we feel that the prayer of the convict that he may be released on seven days’ regular

parole on personal bond only cannot be accepted. However, on humanitarian consideration and in order to ensure that the convict-petitioner returns

back to custody and is also able to avail the parole granted to him, the requirement of furnishing two sureties is modified and instead it is directed that

the petitioner Asha Ram @ Ashu S/o Shri Bhanwar Lal shall be released on seven days’ regular parole upon furnishing a personal bond in the

sum of Rs.1,00,000/- with one sound and solvent surety of the like amount to the satisfaction of the Superintendent Central Jail, Ajmer. However, the

other conditions of the order dated 13.01.2021 shall be maintained.

With the above modification in the order dated 13.01.2021 passed in D.B. Criminal Writ Petition No.474/2020, the instant criminal misc. application is

disposed of.