Rajasthan HC Allows To Waive The Condition Of Two Sureties For Release Of Prisoners Also Directs Not To Compel Them To Surrender During Lockdown [Read Order]

Mehal Jain

13 April 2020 7:34 AM GMT

  • Rajasthan HC Allows To Waive The Condition Of Two Sureties For Release Of Prisoners Also Directs Not To Compel Them To Surrender During Lockdown [Read Order]

    Following the track of the Allahabad High Court, the Jaipur bench of the Rajasthan High Court also on Friday waived the condition of furnishing two surety bonds by each inmate for their release on parole, considering these "peculiar circumstances" of a nation-wide lockdown, observing that "else purpose of the order of parole shall frustrate".The High Court also directed the state and its...

    Following the track of the Allahabad High Court, the Jaipur bench of the Rajasthan High Court also on Friday waived the condition of furnishing two surety bonds by each inmate for their release on parole, considering these "peculiar circumstances" of a nation-wide lockdown, observing that "else purpose of the order of parole shall frustrate".

    The High Court also directed the state and its legal services committee to "ponder and take a candid decision to extend the parole of all those inmates, who have been released and were to surrender during the period of declared lock down and they be not compelled to surrender till lifting of the lock down"
    The bench noted the submission that on March 30, 54 inmates were granted parole by the State Level Parole Committee "which has ordered to furnish personal bond along with two sureties each amounting to Rs. 50,000/- by each inmates, but the inmates are not able to furnish sureties because of sudden lock down necessitated to check spread of corona virus Covid-19".
    "We deem it necessary that considering nation wide lock down and lack of transport facilities, condition of furnishing two sureties by each of the inmates, vide parole order is waived and set aside", ordered the bench. 
    The High Court also recorded the submission that "the inmates released on parole, are being asked to surrender after lapse of parole period and their parole is not being extended, in prevailing circumstances when the movements are checked inmates cannot be asked to surrender, hence their parole needs to be extended and be extended".

    The Public Prosecutor had also advanced that "the committee in its report has advised that in view of nation wide lock down and lack of transport facilities, extension of parole needed to be extended for further four weeks and has advised for amendment of rules accordingly".

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