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2026 DAILYLAW 19605 (RAJ)

MOHAMMED NIYAMATULLAH URF JAVED S/O MOHAMMED BARKATULLAH v. STATE OF RAJASTHAN

CRLW/1460/2025 · 2026-02-05

Bhuwan Goyal

body2026

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1460/2025 Mohammed Niyamatullah Urf Javed S/o Mohammed Barkatullah, Aged About 29 Years, R/o Kazipara South Malikpur, Bhereripur Pargana Kolkata, (West Bengal) At Present R/o Makan No. 682, Panchran Patti, Near Weeken School, Kabristan Ke Andar, Delhi Bypass Road, Galta Gate Jaipur (At Present In Special Central Jail, Shaylyawas Dausa), Through His Mother Sayra Khatoon W/o Shaukat Khan, Aged About 55 Years, R/o Banjariya, District Barabanki (U.p.) 225303. ----Petitioner Versus 1. State Of Rajasthan, Through The Secretary Home, Secretariat, Jaipur. 2. The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Dausa (Raj.) 3. The Superintendent Special Central Jail, Shyalawas Dausa. ----Respondents For Petitioner(s) : Mr. Vishram Prajapati For Respondent(s) : Mr. Vivek Choudhary, Dy.GA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 05/02/2026 This Criminal Writ Petition (Parole) has been filed by the petitioner under Article 226 of the Constitution of India and under Rule 315(1)(h) of Rules of the High Court of Judicature for Rajasthan, 1952 for modification of the conditions as imposed by the District Parole Advisory Committee vide its order dated 18.03.2025 at the time of granting first regular parole of 20 days to the petitioner. Learned counsel for the petitioner submits that the District Parole Advisory Committee while granting first regular parole of 20 (2 of 2) [CRLW-1460/2025] days to the petitioner imposed the condition of furnishing a personal bond of Rs.2,00,000/- and two sureties of 1,00,000/- each. Learned counsel for the petitioner further submits that the financial condition of the petitioner is poor. He is ready to furnish a personal bond of Rs.2,00,000/- but he is unable to furnish two sureties of Rs. 1,00,000/-each. He further submits that the SHO, Police Station- Galta Gate, Jaipur(North) has submitted the report dated 28.11.2025 wherein it has been mentioned that the financial condition of the petitioner is weak. Therefore, he prayed that aforesaid condition of submitting two sureties of Rs.1,00,000/-each imposed upon the petitioner by the Advisory Committee be deleted. Learned Deputy Government Advocate opposed the same. I have perused the materials available on record. Considering the contentions put forth by the learned counsel for the petitioner and the report dated 28.11.2025 submitted by SHO Police Station- Galta Gate, Jaipur(North), the writ petition is allowed and the impugned order dated 18.03.2025 (Annexure-1) passed by District Parole Advisory Committee is modified and it is directed that the petitioner be released on first regular parole of 20 days on furnishing a personal bond of Rs.2,00,000/- only instead of furnishing a personal bond of Rs.2,00,000/- and two sureties of Rs. 1,00,000/-each. (BHUWAN GOYAL),J Anu /140