[2026:RJ-JP:6550]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition(Parole) No. 241/2026 Sukhdev @ Sukha S/o Late Shri Bhairu Singh, Aged About 22 Years, R/o Village Bubani, Police Station Gegal, District Ajmer (Presently Confined In Central Jail Ajmer).

Through His Mother Smt. Geeta Devi W/o Late Shri Bhairu Singh, Aged About 55 Years R/o Village Bubani, Police Station Gegal, District Ajmer ----Petitioner Versus

1. State Of Rajasthan, Home Department, Jaipur (Raj.)

2. The District Collector, Ajmer.

3. The Superintendent, Central Jail, Ajmer.

----Respondents For Petitioner(s) : Mr. Vijendra Yadav, Adv.

For Respondent(s) : Mr. Vivek Choudhary, Dy. GA HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

12/02/2026

1. This petition has been filed by the accused petitioner through his mother seeking 30 days’ emergent parole on the ground of his marriage.

2. Learned counsel for the petitioner submits that the petitioner is presently confined in Central Jail, Ajmer for the offence under Sections 363, 366 IPC and Section 3/4, 5 of the POCSO Act and serving 20 years of sentence as awarded to him by the trial court vide its judgment dated 07.11.2024 in Sessions Case No.42/2023, against which the petitioner has already filed S. B. Criminal Appeal No.3335/2024 before this court. He further submits that earlier the petitioner's marriage was fixed on 21.01.2026 but when he could not be released in time, his marriage was re-scheduled and now his marriage is going to be solemnized on 16.02.2026, for which the marriage ceremony/programmes will start from 12.02.2026. In this view of the matter, the petitioner withdrew the earlier petition filed by him and the same was dismissed as withdrawn by this court vide order dated 04.02.2026. However, a liberty was granted to the petitioner that if he files an application before the concerned authority, same shall be decided expeditiously, in accordance with law. He further submits that as per liberty granted by this court, the petitioner's mother submitted an application before the concerned authority on 06.02.2026 but the said application has been dismissed vide order dated 08.02.2026 issued by Superintendent, Central Jail, Ajmer. He further submits that the petitioner's father has already expired and petitioner's mother is only alive, who has to make arrangements for the marriage of her son. He further submits that petitioner's mother is an elderly lady and there is no other male member in the family to oversee and perform the essential rituals and responsibilities associated with the marriage of her son.

3. In support of his contentions, he has placed on record a copy of the petitioner’s marriage invitation card as also the Certificate dated 22.01.2026 issued by the Gram Panchayat Bubani, District Ajmer to the effect that if the petitioner is released on emergent parole for his marriage, the Gram Panchayat shall have no objection. He further submits that earlier the petitioner was granted 15 days’ emergent parole by the Coordinate Bench of this court vide order dated 29.7.2025 passed in S.B. Criminal Writ Petition No. 853/2025 on the ground of illness of his mother and thereafter he himself surrendered in the jail. Thus, he has prayed that looking to the facts and circumstances of the case, the petitioner be granted 30 days’

interim parole to solemnize his marriage.

4. He has also drawn the attention of this court to the judgment passed by the Division Bench of this Court in the case of Shahrukh Khan V/s State of Rajasthan & Ors. (D.B. Criminal Writ Petition (Parole) No.924/2025).

5. Learned Dy. G.A. has opposed the same and submits that under Rule 16 of the Rajasthan Prisoners (Release on Parole) Rules 2021, the petitioner should not be released on emergent parole. He has supported the order dated 08.02.2026 passed by the Superintendent Central Jail, Ajmer.

6. Heard learned counsel for the parties and perused the relevant material on record.

7. Rule 16 of the Rajasthan Prisoners (Release on Pa