Kailash vs State Of Rajasthan And Others

The present petition has been registered pursuant to a letter dated 13.02.2023, written by the petitioner who has been granted permanent parole by the District Parole Advisory Committee, Rajsamand.

While granting permanent parole, by way of order dated 22.11.2023, the competent authority has required him to furnish personal bond of Rs.50,000/- and two sureties of Rs.50,000/-each.

By way of present petition, it is prayed that the condition of furnishing two sureties in the sum of Rs.50,000/- each be dispensed with, as he has no family member who can furnish surety bonds to comply with the condition mentioned in the order dated 22.11.2023.

Mr. Anil Joshi, learned Government Advocate cum Additional Advocate General has furnished a report dated 27.03.2024 in which, it has been inter-alia indicated that the petitioner has two minor children (boy aged 3 years and a girl aged 5 years) and has no other family member except his real brother, who is a constable in the police department.

Though petitioner’s real brother is a constable, but being a Government employee, he can find it difficult to furnish surety bonds.

Considering that prior to grant of permanent parole, the petitioner was living with his family in open jail, Rajsamand and his behaviour and conduct was not objectionable, we feel that his right of liberty cannot be curtailed simply because he is unable to arrange sureties.

The petition is therefore, allowed; condition of furnishing two sureties of Rs.50,000/- while granting permanent parole contained in the order dated 22.11.2023 qua the petitioner is set aside.

The petitioner shall be released on permanent parole upon furnishing personal bond of Rs.50,000/- only.