Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 45687 (RAJ)

UMESH KUMAR S/O RAMBHAROSE MEENA v. STATE OF RAJASTHAN

CRLW/1425/2025 · 2025-12-15

Bhuwan Goyal, Sudesh Bansal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:50551-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 1425/2025 Umesh Kumar S/o Rambharose Meena, R/o Village Seenkarwada, Police Station Toda Bheem, District Karauli (Raj.) (At Present Serving Sentence in Central Jail Bharatpur). ----Petitioner Versus 1. State of Rajasthan, through Inspector General, Prison, Jaipur. 2. The State Level Parole Advisory Committee, Through Joint Secretary To The Government. 3. The Superintendent, Central Jail Kota. ----Respondents For Petitioner(s) : Ms. Savita Nathawat For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE BHUWAN GOYAL Order 15/12/2025 1. Instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking to quash the two conditions, imposed by the State Level Parole Advisory Committee requiring him, (i) to furnish two sureties of Rs.50,000/- each; and (ii) an affidavit of his family member for grant of permanent parole apart from the condition of furnishing a personal bond of Rs. 50,000/-. 2. From perusal of record, it appears that permanent parole has been granted to the petitioner vide order dated 07.07.2023 passed by the State Level Parole Advisory Committee with condition for furnishing two sureties of Rs. 50,000/- each with [2025:RJ-JP:50551-DB] (2 of 3) [CRLW-1425/2025] personal bond of Rs. 50,000/- and a condition to file an affidavit by the Family Member of petitioner to look after him and for his maintenance. 3. This writ petition has been filed seeking relaxation of the conditions of furnishing two sureties and the affidavit of any family member, stating inter alia, that there is no family member in the family of petitioner to furnish two sureties and affidavit, hence, by relaxing these two conditions, petitioner may be released on furnishing his personal bond. 4. It is noteworthy that due to not furnishing the two surety bonds and affidavit, petitioner could not get benefit of his permanent parole since 07.07.2023, hence, petition on his behalf has been filed on 29.10.2025. 5. Reply by the State has been filed. Alongwith reply, the financial status report dated 01.12.2025 of petitioner is enclosed. 6. Financial Report of petitioner does not depict details of his family members nor shows any properties except disclosing that he has a tin-sheded residential house and 0.09 hectare land in village Todabhim as per the revenue records. 7. From the facts of present case, as culled out from the record, it has transpired that petitioner was arrested in the present case on 11.03.2009 and was convicted vide judgment dated 01.10.2019 for offences under Sections 302, 498-A IPC. No appeal against judgment of his conviction and sentence was filed. After his arrest, no bail application, by and on behalf of any of his family member was ever moved and further petitioner has also not been even granted any parole till date, so he is facing continuous incarceration since 11.03.2009 onwards. [2025:RJ-JP:50551-DB] (3 of 3) [CRLW-1425/2025] 8. The totality of facts and circumstances as noted hereinabove, shows that in the family of petitioner, there is no family member to look after him and to furnish the surety bonds and affidavits as much as he does not have sufficient means to fulfill such conditions for release on permanent parole. 9. Obviously, considering the good conduct of petitioner, during his custody period, he has been granted benefit of permanent bail but the imposition of conditions of furnishing of two sureties of Rs. 50,000/- each and the affidavit of family members appears to be onerous and burdensome for him, which he cannot fulfill, hence, this Court, keeping in mind his fundamental right of life and liberty, deems it just and proper to grant relaxation to the petitioner of both pre-conditions i.e. (i) for furnishing two sureties of Rs.50,000/- each and (ii) affidavit of family member. As far as third condition of furnishing personal bond of Rs.50,000/- is maintained. 10. As a final outcome, after taking into consideration the peculiar circumstances of the present case and conspectus of facts, as discussed hereinabove, instant petition stands allowed and in compliance of the order dated 07.07.2023, petitioner may be released on permanent parole on furnishing his personal bond of Rs. 50,000/- and other two conditions of furnishing two sureties of Rs. 50,000/- each and filing affidavit by his family member are hereby relaxed. (BHUWAN GOYAL),J (SUDESH BANSAL),J NITIN /47