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.

ORDER :

Anoop Kumar Dhand, J.

1. By way of filing of this petition, a prayer has been made by the petitioner for his release on parole for the purpose of delivery of his wife.

2. Counsel for the petitioner submits that the wife of the petitioner is pregnant and her due date of delivery is 29.01.2025. Counsel submits that under Rule 11(1)(v) of the Rajasthan Prisoners Release on Parole Rules, 2021 (for short ‘the Rules of 2021’), an application was submitted by the petitioner before the Superintendent of Jail and the same was forwarded to the District Magistrate, Dausa on 22.12.2024 vide dispatch No.5236. Counsel submits that in-spite of passing of considerable time, till date, the said application has not been decided for the reasons best known to the authorities. Counsel submits that under these circumstances, interference of this Court is warranted.

3. Per contra, learned counsel for the State opposed the arguments raised by the counsel for the petitioner, but he is not in a position to controvert the submissions made by the counsel for the petitioner.

4. Heard and considered the submissions made at Bar and perused the material available on the record.

5. Perusal of the record indicates that emergent parole can be granted to the prisoner as per the provisions contained under Rule 11 of the Rules of 2021, which reads as under:

“11. Emergent cases.- (1) Notwithstanding anything contain in rule 5, 6, and 10, in emergent cases, involving humanitarian consideration, such as,-

(i) critical condition on account of illness of any close relative i.e. father, mother, wife, husband, children, brother or un-married sister;

(ii) death of any such close relative;

(iii) serious damage to life or property from any natural calamity;

(iv) Marriage of a Prisoner, his/her son or daughter or his/her brothers/sister in case his/her parents are not alive; and

(v) delivery of Prisoners wife, a prisoner, may be released on parole for a period not exceeding seven days by the Superintendent of the Jail and for a period not exceeding fifteen days by the Inspector General of Prisons or District Magistrate on such terms and conditions as they may, consider necessary to impose for the security of the prisoner including a guarantee for his return to the Jail, acceptance or execution whereof would be a condition precedent to the release of such a prisoner on parole.

(2) Notwithstanding anything contained in these rules, where a pregnant woman prisoner applies for parole to have her delivery outside the prison, the Director General of Prisons may grant parole to such a woman prisoner for a period not exceeding ninety days on such terms or conditions as he may consider necessary to impose for the security of the prisoner including a guarantee for her return to Jail, acceptance or execution whereof shall be a condition precedent to the release of such prisoner on parole:

Provided that no parole shall be granted and no prisoner shall be released on parole under this sub-rule, if in the opinion of the Director General of Prisons, that the prisoner is under high security risk or is undergoing sentence for committing a grave offence.

(3) Where a petition for suspension of the execution of a sentence of imprisonment or for remission of the whole or part of a sentence of imprisonment is made by or on behalf of a person sentenced to imprisonment of an offence under any law relating to matter to which the executive power or the Union extends and the person sentenced to an imprisonment is in jail, the execution of the sentence shall be suspended and such person released on parole, not exceeding fifteen days, if the Government of the State in which such person is detained in jail is satisfied that the immediate release of such person on parole is rendered necessary by reason of any illness constituting a grave threat to the life of such person or of a parent, wife husband or child of such person. Such prisoner shall not entitled for any other kind parole under these rule.

(4) A person