Vaakil @ Vakil S/O Shri Padmo @ ... vs State Of Rajasthan
2022 Latest Caselaw 7201 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            D.B. Criminal Writ Petition No. 707/2022

Vaakil @ Vakil S/o Shri Padmo @ Padma @ Padam Nath, R/o
Sapera Basti, Near Jogi Gattey Naley, Choudhary Chet Ram
Thhok, Ful Shabji Mandi, Keshopura Piragadi, Police Station Tilak
Nagar, New Delhi (At Present In Central Jail Kota) Through His
Father Pado S/o Goga, Aged About 56 Years, R/o Jhuggi No. 5,
Sapera Basti, Keshopura Mandi, Tilak Nagar, West Delhi.
                                                                     ----Petitioner
                                     Versus
1.        State Of Rajasthan, Through Home Secretary, Govt. Of
          Rajasthan, Secretariat, Jaipur
2.        District Collector Cum District Magistrate, Kota
3.        Superintendent, Central Jail, Kota
                                                                  ----Respondents

For Petitioner(s) : Mr. Narendra Prasad Meena For Respondent(s) : Mr. G.S. Rathore, G.A. cum AAG

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

11/11/2022

1. Petitioner has preferred the present Criminal Writ petition

(parole) seeking emergent parole on the ground of demise of his

mother.

2. The fact of demise of petitioner's mother has been verified

by the State Authority.

3. We have considered the contentions.

4. As per Rule 11 of the Rajasthan Prisoners Release on Parole

Rules, 2021, emergent parole in case of demise & critical health

condition can be granted by the Superintendent of Jail for a period

(2 of 2) [CRLW-707/2022]

of seven days and by the Inspector General of Prisons and by the

District Magistrate for a period not exceeding fifteen days. Thus

there is alternative efficacious remedy available to the petitioner.

5. Looking to the exceptional circumstances that the petitioner

is required for 40th day which is to take place on 18.11.2022, this

Court deems it proper to allow the emergent parole application as

an exception matter.

6. Consequently, the writ petition (emergent parole) stands

allowed. The Jail Authorities are directed to release the petitioner

on emergent parole till 20.11.2022, on furnishing of his personal

bonds of Rs.50,000/- with one surety of like amount to the

satisfaction of the concerned District Magistrate with the

stipulation that he shall surrender himself before the Jail Authority

on 21.11.2022 and shall maintain peace and tranquility during

parole period.

7. In case of failure to surrender by stipulated date, the Jail

Authority shall proceed in accordance with law.

8. A copy of this order be sent to the Jail Authorities as well as

the petitioner through Jail Authority for compliance.

                                   (SAMEER JAIN),J                                              (PANKAJ BHANDARI),J

                                   ARTI SHARMA /3









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