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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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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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