[2026:RJ-JP:11850]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 420/2026 Sanjesh Kumar Bijarniya S/o Shri Heera Lal, Aged About 30 Years, R/o Ward No 11 Kadma (Kashi) Ka Bas, Police Station Sadar Sikar, District Sikar (Raj.) (At Present Confined In Central Jail Bikaner) Through His Mother - Smt. Surgayani Devi W/o Shri Heera Lal, Aged About 50 Years, R/o Ward No. 11 Kadma (Kashi)

Ka Bas, Police Station Sadar Sikar, District Sikar (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Inspector General, Prison, Jaipur.

2. The District Magistrate, District Sikar.

3. The Superintendent, Central Jail, Bikaner.

----Respondents For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

19/03/2026

1. Instant Criminal Writ Petition has been filed by the convict through her mother seeking emergent parole on account of demise of his grandfather on 09.03.2026.

2. Counsel for the petitioner submits that grandfather of the petitioner has passed away on 09.03.2026 and the petitioner wants to attend last rituals of his late grandfather. He thus, prays that for this purpose, petitioner may be released on emergent parole.

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 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 law relating to matter to which the executive power or the Union extends and the person sentenced to an imprisonment is in jail, the execution of the sentence shall be suspended and such person released on parole, not exceeding fifteen days, if the Government