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Judgment
10 paragraphs · 512 words-ORDER
A copy of this letter petition has been supplied to the learned Additional Government Advocate. Heard finally.
Convict-petitioner Kishan Singh S/o Mod Singh, has sent this letter petition, by post, from Central Jail, Jodhpur, wherein it is contended that on the recommendations of the State Level Parole Committee dated 05.11.2012, the State Government has passed an order dated 22.11.2012 to release the petitioner on permanent parole, on furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 50,000/- each, but since he is in jail for last about 18 years, therefore, he is unable to furnish the surety bonds. He, therefore, prayed that requirement of furnishing two surety bonds of Rs. 50,000/- each may be dispensed with and petitioner may be directed to be released on permanent parole, in pursuance of order of the State Government, on furnishing personal bond alone.
Learned Additional Government Advocate opposed the prayer of petitioner, contending that the order of the State Government is conditional one and the condition put therein, is just and reasonable, therefore, no interference in the matter is called for by this Court.
We have considered the submissions of the learned Additional Government Advocate, appearing on behalf of the respondent-State and also examined the contents of the letter petition.
It appears that the petitioner has already undergone sentence of about 18 years and his conduct during jail custody was satisfactory, therefore, his case was recommended by the State Leave Parole Committee to release him on permanent parole. It is also mentioned in the application that on earlier occasion, he was granted parole, but he could not be released as he could not furnish the surety bonds.
After considering the facts and circumstances of the present case, we are of the view that once an order of release of petitioner on permanent parole has been passed, then the condition regarding furnishing surety bonds, should be liberal, so as to enable the convict to comply with the conditions.
In these circumstances, we think it fit and proper that interest of justice will meet, in case we modify the order of the State Government to the extent that petitioner be released on permanent parole, on furnishing personal bond in the sum of Rs. 50,000/- and one surety of Rs. 25,000/- only.
In view of above discussion, we allow this petition and modify the order of the State Government, bearing No. Pa.7(6)Grih Group-12/Kara/2010 Part-4, dated 22.11.2012, qua petitioner, and direct that convict-petitioner Kishan Singh S/o Mod Singh, shall be released on permanent parole, in pursuance of order of the State Government dated 22.11.2012, on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of Rs. 25,000/-. Rest of the conditions, mentioned in the order of the State Government, will remain as it is.
The writ petition stands disposed of in the manner, as indicated above. A copy of this order be sent for information to convict-petitioner and for compliance to Officer-on-Special Duty, Home (Jail), Home(Group-12) Department, Government of Rajasthan, Jaipur.