Bombay High Court
UDAYSINGH PINJU BABERIYAversusSTATE OF MAHARASHTRA AND OTHERS
- Disposal
- Disposed Off
Holding
The Court held that the parole conditions may be modified to a cash security of Rs.50,000, a personal bond of the same amount, one surety and contact numbers of two persons.
Summary
The petitioner, Udaysingh, who has been incarcerated for 15 years, filed a criminal writ petition challenging the Deputy Inspector General of Prisons' order that required a cash surety of Rs.5,00,000 along with a personal bond of the same amount and two guarantors for regular parole on marriage leave. He argued that he could not meet such a stringent condition and offered to provide a reduced cash security of Rs.50,000, a personal bond of the same amount, one surety, and contact details of two persons, along with a commitment to report twice weekly to the police station during parole. The Court considered the petitioner's affidavit and the nature of the parole being for marriage leave. It modified the original order, allowing parole upon furnishing the reduced cash security of Rs.50,000, a personal bond of the same amount, one surety, and contact numbers of two persons. Consequently, the petition was disposed of.
Issues considered
- What is the legality and reasonableness of imposing a cash surety of Rs.5,00,000 for regular parole on marriage leave?
- Whether the court can modify the parole conditions to a lower cash surety and fewer sureties based on the petitioner's affidavit?
Subjects
- parole
- cash surety
- marriage leave
- criminal writ petition
- prison
- modification of conditions
Judgment
507-WP-399-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.399 OF 2026
Udaysingh s/O. Pinju Baberiya ...Petitioner
V/s.
The State of Maharashtra & Ors ...Respondents.
——————
Mr. Rupesh Jaiswal, Advocate for petitioner.
Mr. P. S. Rane, APP for respondents-State.
——————
Coram : Pravin S. Patil, J.
Vacation Court
Date : May 15, 2026.
P. C. :
1. Not on Board. Upon mentioning, taken on production board.
2. In the present petition, challenge is to the stringent condition
imposed by the Deputy Inspector General of Prisons of furnishing cash
surety of Rs.5,00,000/- along with a personal bond of the like amount
and two guarantors for the same amount. while passing the order dated
8th May 2026 on the application of the petitioner for regular parole on
marriage leave.
3. According to the petitioner, he is behind bars since the last 15
years and therefore unable to comply such stringent condition. The
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507-WP-399-2026.doc
petitioner, on affidavit, has made a statement in the petition that he is
ready to furnish cash security of Rs.50,000/- along with a personal bond
of the like amount and also to provide one surety and contact numbers of
two persons to ensure his presence. He has further undertaken that he
will mark his presence at the concerned police station twice a week
during the parole leave period.
4. In view of the statement made by the petitioner and considering
the fact that parole has been granted on marriage leave, condition No.1
in the order dated 8th May 2026 is modified to the extent that the
petitioner shall be released on regular parole upon furnishing cash
security of Rs.50,000/- with a personal bond of the like amount along
with one surety and furnishing contact numbers of two persons to ensure
his presence.
5. With the aforesaid modification in the order, the present
application stands disposed of.
[Pravin S. Patil, J.]
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