[2026:RJ-JP:1277-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Emergent Parole) No. 51/2026 Sharvan Singh S/o Bhanwar Singh, Aged About 45 Years, R/o Near Khidaki Darwaja Rajput Mohalla Rupangarh Thana Rupangarh District Ajmer Hal Hotel Owner Sanwariya Palace Ramnagar Vanasthali Marg Thana Jalupura District Jaipur Through His Wife Smt. Bina Kanwar W/o Sharvan Singh Age About 44 Years R/o Roopangarh District Ajmer (Rajasthan)

(Accused is at present confined in Central Jail Bikaner).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary Home, Secretariat, Jaipur.

2. The District Collector And District Magistrate, Jaipur (Rajasthan).

3. Superintendent Central Jail, Jaipur.

4. The District Collector And District Magistrate, Bikaner (Rajasthan).

5. Superintendent Central Jail, Bikaner.

----Respondents For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Rajesh Choudhary G.A-cum-AAG with Mr. Aman Kumar HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

13/01/2026

1. By means of filing instant criminal writ petition, petitioner has impugned the order dated 10.01.2026, passed by Superintendent Central Jail, Bikaner, dismissing his application for emergent parole and has prayed to grant emergent parole on account of death of his father on 07.01.2026.

2. Perused the order impugned dated 10.01.2026.

3. Petitioner has been stated to be convicted and sentenced for life imprisonment for committing offence under Section 344 IPC read with Section 5 (g)/6, 5(1)/6 of the POCSO Act vide judgment dated 12.05.2025 and since then is confined at Central Jail, Bikaner.

4. It has been stated that during trial of criminal case, petitioner was released on bail and he never misused the liberty of bail.

5. It appears that petitioner prayed for grant of emergent parole stating inter alia that his father has passed away on 07.01.2026 and to perform last rituals, he be released on parole. Death Certificate of petitioner’s father namely Bhanwar Singh is enclosed with the writ petition.

6. As per the order impugned, it appears that since petitioner is originally a resident of Ajmer, factual report from the Superintendent of Police, Ajmer was summoned. In the factual report, factum of death of petitioner’s father on 07.01.2026 was found verified and police submitted report for grant of parole to petitioner for a period of 7 days and expenses of police squad were to be borne by petitioner, but since petitioner expressed his inability to bear such expenses, his application/prayer for parole was rejected vide order dated 10.01.2026.

7. Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021, envisages grounds for grant of emergent parole, wherein death of father of accused, is one of the grounds to consider the accused for emergent parole.

8. In the order impugned, there are no reasons, even not a scintilla of reasoning, to allow the parole to petitioner under police squad. We find that the grant of parole to petitioner with such condition is an arbitrary and unwarranted exercise of the powers by the respondent-authorities and denial of emergent parole to petitioner is not sustainable.

9. As a result, the instant writ petition succeeds. The impugned order dated 10.01.2026 is hereby quashed. Petitioner be released on parole forthwith for a period of 7 days from the date of his release on furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned Jail Superintendent to the effect that he shall surrender before the concerned Jail Superintendent immediately on completion of the emergent parole period and shall maintain peace and tranquility during the emergent parole period. The seven days’ emergent parole period shall be counted from the date of the petitioner’s release.

10. In case of his failure to surrender by stipulated date, the jail authorities shall be free to proceed against the petitioner in accordance with law