Humanitarian grounds can justify the granting of emergent parole for a prisoner due to the delivery of their spouse, overriding strict adherence to existing rules.

Order :

1. Petitioner has preferred this criminal writ petition seeking emergent parole on account of delivery of his wife scheduled somewhere around 31.01.2025. Learned counsel for the petitioner submits that this writ petition was filed on 13.01.2025 and during pendency of this writ petition, wife of the petitioner has given birth to a child. Learned counsel for the petitioner further submits that there is no one else in the family to lookafter the wife of the petitioner. He also submits that petitioner has already availed first regular parole for 20 days.

2. Learned GA-cum-AAG has opposed the writ petition and submits that there is no provisions in old Rules for grant of parole on account of delivery of wife of the petitioner.

3. We have considered the contentions.

4. As per Rajasthan Prisoners Release on Parole Rules , 1958, petitioner has already availed first regular parole on humanitarian ground and there is no danger to the complainant’s side, if the petitioner is granted emergent parole.

5. In Tofar Mal Vs. State of Rajasthan & Ors.: D.B. Civil Writ Petition (Parole) No.3189/2016 decided by the Division Bench of the Rajasthan High Court on 05.04.2016, parole was granted, when the petitioner’s wife had given birth to a child.

6. In the present case, the petitioner has approached the authorities seeking emergent parole on account of delivery of his wife scheduled to take place somewhere around 31.01.2025. The only ground for rejection of parole is that the Rules do not provide for grant of the same.

7. We are of the considered view that since the Rajasthan Prisoners Release on Parole Rules , 2021 provides for release of prisoners on account of delivery of prisoner’s wife, humanitarian grounds would prevail and the petitioner is entitled to emergent parole on humanitarian grounds.

8. Thus, Criminal Writ Petition (Parole) is allowed. The order dated 09.12.2024 passed by Superintendent Central Jail, Alwar is quashed and set aside. The Jail Authorities are directed to release the petitioner on emergent parole for a period of 30 days on furnishing of his personal bond of Rs.50,000/- with one surety of like amount to the satisfaction of the Jail Authorities concerned with the stipulation that he shall surrender himself before the Jail Authorities after the expiry of 30 days from the date of release on parole and shall maintain peace and tranquility during parole period.

9. In case of failure to surrender by stipulated date, the Jail Authorities concerned shall proceed in accordance with Law.