Hakim Singh @APPELLANT@Hash State of Rajasthan & Ors

This petition on behalf of accused-petitioner Hakim Singh S/o Rampat has been filed praying for reduction of the amount of surety bonds in order to

avail the benefit of fourth parole granted to him by the District Magistrate, Dholpur, vide order dated 27.04.2018.

It is contended that the accused-petitioner is a convict for offence punishable under Section 302 of the Indian Penal Code by the Court of Additional

Sessions Judge (Fast Track) No.2, Dholpur, vide judgment dated 14.05.2009 in Sessions Case No.121/2008 and is undergoing the sentence of life

imprisonment. His appeal being D.B. Criminal Appeal No.593/2009 came to be dismissed by a Division Bench of this Court vide judgment dated

24.04.2017. It is submitted that the accused-petitioner was arrested in the matter in August, 2008 and since then he has been in custody. He moved an

application before the Deputy Superintendent of Jail, District Jail, Dholpur, for his release on fourth regular parole for a period of forty days on the

ground of making arrangements for the marriage of his children as also for his rehabilitation in the society. His application was placed before the

District Parole Advisory Committee, Dholpur, which considered his application and vide order dated 27.04.2018 allowed the same subject to furnishing

heavy surety bonds as well as personal bonds of Rs.4,00,000/-. It is submitted that the District Parole Advisory Committee did not consider the

previous record of the accused-petitioner, which was unblemished. Subjecting the accused-petitioner to furnish such heavy surety bonds as well as

personal bonds indirectly intends to disallow him the benefit of fourth regular parole as he is not in position to furnish such heavy surety/personal

bonds. He is behind the bars and cannot meet out such requirement.

Learned Public Prosecutor opposed the application and supported the condition subjecting the accused-petitioner to furnish heavy surety/bail bonds to

avail the benefit of fourth regular parole.

Having heard learned counsel for the parties and perused the material on record, we are satisfied that while subjecting the accused-petitioner to

furnish such heavy surety/personal bonds to avail the benefit of fourth regular parole, the District Parole Advisory Committee ought to have

considered his antecedents, conduct and behaviour in Jail as also financial condition. Subjecting the accusedpetitioner to furnish such heavy

surety/personal bonds indirectly intends to disallow him to avail the benefit of fourth regular parole as he is not in position to furnish such heavy

surety/personal bonds. He is behind the bars and cannot meet out such requirement.

Keeping in view the facts aforestated and the fact that petitioner has already served more than ten years of sentence and that his jail conduct is

reported to be satisfactory, we are inclined to grant indulgence of fourth regular parole to petitioner for a period of forty days.

In the result, writ petition is allowed. Petitioner Hakim Singh S/o Rampat (presently confined in Open Air Camp, Dholpur) shall be released on fourth

regular parole for a period of forty days from the date of his release upon his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties

of Rs.50,000/- each, to the satisfaction of respondent no.3 â€" Deputy Superintendent, District Jail, Dholpur, with stipulation that he shall surrender

before the jail authorities immediately after expiry of period of twenty days. In case, petitioner fails to surrender immediately after expiry of stipulated

period of forty days, the jail authorities shall immediately inform the concerned Magistrate for procuring his arrest. Petitioner to maintain a good

conduct and be of good behaviour during the period of parole and shall report to the nearest police station every alternate day. It will be open for the

concerning Jail Superintendent to put any other condition, as per Rules, to secure presence of petitioner. The order dated 27.04.2018 of the District

Parole Advisory

Committee is accordingly modified.

Writ petition stands disposed of.