HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
BABLU KUMAR @ B – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 3732 / 2025
[2026:RJ-JD:7101]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 3732/2025 Bablu Kumar @ B S/o Sobhag Kandara, Aged About 21 Years, At Present Lodged In Central Jail Ajmer Through His Mother Sugni Devi W/o Shri Sobhag Ji Kandara Aged About 45 Years R/o Kavri Tehsil Jahajpur Post Amargarh Ps Shakargarh District Bhilwara ----Petitioner Versus
1. State Of Rajasthan, Department Of Home Jaipur
2. The District Collector, Bhilwara
3. The Superintendent, Central Jail Ajmer ----Respondents For Petitioner(s) : Mr. Kaluram Bhati Mr. Swapn Chauhan For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI
Order
06/02/2026
1. Heard learned counsel for the petitioner and learned AGA for the State.
2. The present writ petition has been preferred seeking grant of emergent parole on humanitarian grounds on account of the death of the petitioner’s grandmother. The factum of death is duly supported by the death certificate and condolence letter placed on record.
3. Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021 governs emergent cases. Rule 11(1)(ii) specifically provides for parole in case of death of a close relative. The relevant provision reads as under:
“**11. Emergent cases.— (1) Notwithstanding anything contained in rule 5, 6, and 10, in emergent cases, involving humanitarian consideration, such as,—
…
(ii) death of any such close relative;
…
may be released on parole for a period not exceeding fifteen days by the Superintendent of Jail or 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 prisoner on parole.”
4. From a perusal of the material available on record, this Court is satisfied that the case of the petitioner squarely falls within the ambit of Rule 11(1)(ii) of the Rules of 2021. The demise of the petitioner’s grandmother constitutes a humanitarian exigency envisaged under the said provision. There is nothing on record to suggest that the petitioner’s release on emergent parole would pose any threat to security or that he is otherwise disentitled to such relief under the Rules.
5. Having regard to the statutory framework, the humanitarian considerations involved, and without expressing any opinion on the merits of the conviction or sentence, this Court is inclined to grant emergent parole to the petitioner.
6. Accordingly, the writ petition is allowed. The petitioner– convict is directed to be released on emergent parole for a period of fifteen (15) days, subject to the following conditions:
(i) The petitioner shall furnish a personal bond in the sum of satisfaction of the Superintendent of the Jail concerned.
(ii) The petitioner shall surrender before the jail authorities on the immediate next day of expiry of the parole period, without fail.
(iii) In the event of failure of the petitioner to surrender within the stipulated time, the Superintendent of the Jail concerned shall forthwith intimate this Court by way of a written communication.
(iv) During the period of parole, the petitioner shall maintain peace and good conduct and shall not indulge in any activity prejudicial to law and public order.
(v) It is clarified that the grant of emergent parole is strictly in terms of Rule 11(1) of the Rajasthan Prisoners Release on Parole Rules, 2021 and shall stand governed by the conditions imposed hereinabove.
(FARJAND ALI),J
180-Pramod/-
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