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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Himmat Singh S/o Shri Bhagwan Sahay Meena – Appellant
Versus
State of Rajasthan, Through Inspector General Of Prisons, Directorate Prisons – Respondent
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 indicate
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.
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 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....
Officials must comply with the Parole Rules, 2021 and ensure timely decision on emergent parole applications, especially in cases of humanitarian grounds.
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