Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE INDERJEET SINGH, MR. JUSTICE BHUWAN GOYAL, JJ
HANSRAJ S/O SHRI RAMSWAROOP – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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
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.
The court mandates timely decisions on parole applications under the Rajasthan Prisoners Release on Parole Rules, emphasizing the urgency of humanitarian grounds such as a wife's delivery.
The right to have progeny during incarceration is available to a prisoner, and the court may consider religious, cultural, sociological, and humanitarian aspects, as well as the fundamental rights gu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
