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[2026:RJ-JP:3792]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Writ Petition (Parole) No. 177/2026

Mukesh Kumar Son of Let. Sh. Sheeshpal, Aged About 50 Years,

Residence of Village Chandwa, Police Station Bisau, District

Jhunjhunu (Raj.) (At present confined in Central Jail Bikaner)

Through his mother - Smt. Dhakhi Devi W/o Let. Sh. Sheeshpal,

Age About 74 Years, Residence of Village Chandwa, Police Sta-

tion Bisau, District Jhunjhunu (Raj.).

----Petitioner

Versus

1. State of Rajasthan through Inspector General, Prison,

Jaipur.

2. The District Magistrate Jhunjhunu.

3. The Superintendent, Central Jail, Bikaner.

----Respondents

For Petitioner(s) : Mr. B.R. Choudhary, Adv.

For Respondent(s) : Mr. Amit Punia, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

28/01/2026

1. Instant Criminal Writ Petition has been filed by the convict

through her mother seeking emergent parole on account of

demise of his father on 22.01.2026.

2. Counsel for the petitioner submits that petitioner’s father

namely- Sheeshpal died on 22.01.2026. Counsel submits that an

application for emergent parole was submitted by the petitioner

before the respondent No.3 but same was rejected vide order

dated 23.01.2026. It is against this rejection, the petitioner is in

writ.

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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,

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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 la