[2026:RJ-JD:13221]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 1107/2026 Joga Ram S/o Bhan Ram, Aged About 51 Years, At Present Lodged In Central Jail Jodhpur Through His Wife Smt Ugiya Devi Alias Ugali Devi W/o Joga Ram Aged About 40 Years R/o Plot No 44 Khasra No 71 Kudi Bhagtasani Karani Nagar Yojna Police Station Bhagat Ki Kothi Jodhpur ----Petitioner Versus

1. State Of Rajasthan, Through Secretary Department Of Home Secretariat Govenment Of Rajasthan Secretariat Jaipur

2. The Director General Cum Inpector General Jail, Jaipur

3. The District Collector And District Magistrate, Jodhpur

4. The Superintendent, Central Jail, Jodhpur

5. The Sho, Police Station Bhagat Ki Kothi Jodhpur ----Respondents For Petitioner(s) : Mr. Vishal Singh Bhati For Respondent(s) : Mr. Ramesh Devasi, DyGA HON'BLE MR. JUSTICE FARJAND ALI

Order

17/03/2026

1. The present writ petition has been filed seeking grant of emergent parole to the petitioner–convict on humanitarian grounds arising out of the serious medical condition of his wife.

2. Learned counsel for the petitioner submits that the wife of the petitioner is suffering from a cardiac ailment and has been advised urgent medical intervention, as is evident from the medical documents placed on record. It is further submitted that there is no other able family member available to look after her and to make necessary arrangements for her treatment. It is also submitted that the petitioner had earlier been released on parole and he had surrendered before the competent authority within the stipulated period, thus demonstrating his bona fides.

3. Learned Public Prosecutor has opposed the prayer.

4. This Court has considered the submissions advanced at the Bar and has perused the material available on record.

5. The scheme of Rule 11 of the Rajasthan Prisoners Release on Parole Rules, 2021 provides for release of a prisoner on emergent parole in cases involving humanitarian considerations, including critical illness of a spouse. The said provision empowers the competent authority to grant parole for a limited period, subject to such conditions as may be necessary to ensure the return of the prisoner to custody.

6. In the present case, the medical documents placed on record prima facie indicate that the wife of the petitioner is suffering from a serious cardiac condition and has been advised urgent medical care. The situation, in the considered opinion of this Court, constitutes a humanitarian exigency relatable to the spouse, squarely falling within the ambit of Rule 11 of the Rules of 2021. The Court also takes note of the fact that the prayer is confined to a limited duration and that the petitioner has previously availed parole and has surrendered within time, which lends assurance regarding his conduct.

7. Having regard to the statutory framework, the medical condition of the petitioner’s wife and the humanitarian considerations involved, this Court is inclined to grant emergent parole to the petitioner.

8. Accordingly, the writ petition is allowed. The petitioner– convict shall be released on emergent parole for a period of fifteen (15) days from the date of his actual release, subject to his furnishing a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the Superintendent of the Jail concerned. The petitioner shall surrender before the jail authorities on the morning of the next day of expiry of the parole period, without fail. In the event of failure to surrender within the stipulated time, the Superintendent of the Jail concerned shall take appropriate steps in accordance with law.

9. During the period of parole, the petitioner shall maintain peace and good conduct and shall not indulge in any activity prejudicial to law or public order.

10. It is clarified that the grant of parole is strictly on account of the emergent circumstances noted above and shall be governed by the conditions imposed herein.

(FARJAND ALI),J