HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANIL KUMAR UPMAN
RAVINDRA TAKSALI S/O SHRI RAMAVTAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 115 / 2026
[2026:RJ-JP:3645]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition (Emergent Parole) No. 115/2026 Ravindra Taksali S/o Shri Ramavtar, Aged About 30 Years, R/o H.N. 1943, Pandit Shivdin Ji Ka Rasta, Kishanpol Bazar, Jaipur, Present Address H.No. 12, Sarpanch Colony, Near Ajar Amar Mahadev Temple, Nayla Road, Police Station Jaisingh Pura Khor, District Jaipur (Raj.). (At Present Confined In Central Jail, Jaipur (Raj.)
Through His Wife :- Aarti Taksali S/o Shri Ravindra Taksali, Aged About 28 Years, R/o H.No. 12, Sarpanch Colony, Near Ajar Amar Mahadev Temple, Nayla Road, Police Station Jaisingh Pura Khor, District Jaipur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Dy. Secretary Home (Group-
12) Department, Sequestrate, Jaipur (Raj.)
2. Director General Of Prisons, Directorate Prisons, Ghatgate, Jaipur (Raj.).
3. Superintendent Central Jail, Ghatgate, Jaipur (Raj.).
----Respondents For Petitioner(s) : Mr. Tekchand Swami, Adv.
For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
27/01/2026
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 between 21.02.2026 to 24.02.2026. Counsel submits that an application for emergent parole was submitted by the petitioner before the respondents on 06.01.2026. 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 respondents. 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 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, 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 commi
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