[2026:RJ-JD:9461]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 583/2026 Pradeep, R/o Pancham Vihar Colony ,p.s. Nihalganj, Dist.

Dholpur ----Petitioner Versus

1. State Of Rajasthan, Through Secretary

2. Collector, Dholpur

3. Superintendent Of Central Jail, Jodhpur ----Respondents For Petitioner(s) : Mr. Viram Singh For Respondent(s) : Mr. Shriram Choudhary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

20/02/2026

1. Heard learned counsel for the petitioner–convict and learned AGA for the State.

2. The present writ petition has been preferred seeking grant of emergent parole for a period of fifteen days on humanitarian grounds on account of the medical condition of the petitioner’s wife, who is stated to be undergoing a surgical procedure.

3. Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021 governs emergent cases. Rule 11(1)(i), to the extent relevant, reads as under:

“11. Emergent cases.— (1) Notwithstanding anything contained 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;

…

may be released on parole 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 falls within the ambit of Rule 11(1)(i) of the Rules of 2021. The illness and surgical requirement of the petitioner’s wife constitute a humanitarian exigency contemplated under the said provision. The jail conduct of the petitioner is reported to be satisfactory and there is no material to suggest that his release on emergent parole would pose any threat to security or public order.

5. Having regard to the statutory framework and the humanitarian considerations involved, and without expressing any opinion on the merits of the conviction or sentence, this Court deems it appropriate 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 ₹50,000/- (Rupees Fifty Thousand only) along with two sureties of ₹25,000/- (Rupees Twenty Five Thousand only) each, to the 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 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 remain subject to the statutory conditions governing parole.

7. Remuneration of the Amicus Curiae shall be paid as per the Rules.

(FARJAND ALI),J

21-Samvedana/-