Rajasthan High Court Asks Convict Belonging To Below Poverty Line Family To Pay ₹2 Lakh Personal Bond, ₹1 Lakh Surety For 7 Day Parole
The Rajasthan High Court has recently directed the State to release a convict, belonging to Below Poverty Line (B.P.L.) family, on parole of 7 days on his furnishing a personal bond in the sum of Rs. 2,00,000/- and one sound and solvent surety in the sum of Rs. 1,00,000/-. However, the court waived the requirement of the petitioner's brother furnishing surety bond.Essentially, the petitioner...
The Rajasthan High Court has recently directed the State to release a convict, belonging to Below Poverty Line (B.P.L.) family, on parole of 7 days on his furnishing a personal bond in the sum of Rs. 2,00,000/- and one sound and solvent surety in the sum of Rs. 1,00,000/-. However, the court waived the requirement of the petitioner's brother furnishing surety bond.
Essentially, the petitioner was granted parole of 7 days under Rule 18 of the Rajasthan Prisoners Release on Parole Rules, 1958 on 29.09.2021 with the requirement of furnishing a personal bond in the sum of Rs.2,00,000/- and two sureties in the sum of Rs.1,00,000/- each (out of which one was to be of the petitioner's brother Sharwarmal).
The petitioner had moved the High Court with an assertion that he may be released on furnishing personal bond only as he is a poor man belonging to the B.P.L. family.
A division bench of Justice Sandeep Mehta and Justice Rameshwar Vyas expressed its disinclination to release the convict on mere personal bond. It observed,
"Keeping in view the overall facts and circumstances as available on record, we are not inclined to accede to the prayer for releasing the petitioner on parole on furnishing personal bond only. However, the conditions of the order dated 29.09.2021 are relaxed and it is directed that the petitioner shall be released on parole of 07 days on furnishing a personal bond in the sum of Rs.2,00,000/- and one sound and solvent surety in the sum of Rs.1,00,000/-. The requirement of the petitioner's brother furnishing surety bond is waived. The other conditions of the order dated 29.09.2021 are maintained."
Adv. Naresh Charaniya and Adv. Kaluram Bhati appeared for the petitioner while GA-cum-AAG Anil Joshi appeared for the respondents..
Also Read: "The Legal System Works Differently For The Poor": Orissa High Court Chief Justice Muralidhar
Case Title: Raju @ Rajkumar Through His Brother Sh. Sharwarmal v. State & Ors.
Citation: 2022 LiveLaw (Raj) 185