Kanaram @ Kishan vs State And Ors

The instant writ petition has been preferred by convict petitioner Kanaram @ Kishan S/o Teja Ji from prison. The earlier writ petition No.459/2018

preferred by Pusha Devi, wife of the accused prisoner, was accepted by this court in the following terms:-

“Accordingly, the criminal writ petition is allowed. The Order dated 07.03.2018 as well as decision of the State Level Parole Committee dated

12.01.2018 qua the convict-prisoner are set aside. The Superintendent, Central Jail, Bikaner is directed to release the convict-prisoner â€" Kanaram

@ Kishan S/o Teja from prison on permanent parole forthwith, if not wanted in any other case, on his furnishing a personal bond in the sum of Rs.

1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail, Bikaner with the usual condition enshrined in

Rule 9 of the Rajasthan Prisons (Release on Parole) Rules, 1958 and as may be prescribed by the concerned Superintendent of Jail.â€​

The convict has now forwarded the instant writ petition from jail praying for relaxation in the condition of furnishing the surety bonds and seeking a

direction that he should be released on parole only on furnishing a person bond on the ground that his family status is very poor and as a result thereof,

he has not been able to furnish the surety bonds and continues to languish in jail.

The respondents have filed reply to the writ petition, wherein the fact regarding the family of the convict being indigent is not disputed. The writ

petition preferred by the wife of the convict prisoner was allowed way back on 07.02.2019 and he was sanctioned permanent parole. However,

because of the poor family condition, the convict has not been able to avail the benefit of the said order and is still in jail.

In this background and since the convict has remained in custody for more than 16 years and he is presently lodged at the Open Air Camp,

Bichchhwal, we deem it just and proper to relax the condition imposed in the order dated 07.02.2019 and direct that the conviction petitioner shall be

released on permanent parole upon furnishing a personal bond in the sum of Rs.1,00,000/- to the satisfaction of the Superintendent of Central Jail

concerned. However, to ensure that the convict does not flee, we hereby direct that he shall continue to mark his presence at the Police Station

Kelwada once in every three months.