Rajasthan High Court - Jodhpur
Joga Ram vs State Of Rajasthan (2025:Rj-Jd:38983) on 1 September, 2025
[2025:RJ-JD:38983]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 2502/2025
Joga Ram S/o Bhana Ram, Aged About 51 Years, At Present
Lodged In Central Jail Jodhpur Through His Wife Smt. Ugiya Devi
W/o Joga Ram R/o Kamediyo Ka Bas, Abkai Dhani, Tehsil Sojat,
District Pali, P.S. Shivpura
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Department Of
Secretariat Government Of Rajasthan Secretariat Jaipur
2. The Director General Cum Inspector General, Jaipur
3. The District Collector And Magistrate, Collector And
Magistrate Jodhpur
4. The Superintendent, Central Jail Jodhpur
5. SHO, Shivpura District Pali
----Respondents
For Petitioner(s) : Mr. Vishal Singh Bhati
For Respondent(s) : Mr. Hathi Singh Jodha, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
01/09/2025
The instant petition has been filed on behalf of the petitioner
through his wife for the release of the petitioner on emergent
parole for 15 days.
It is submitted by learned counsel for the petitioner that the
petitioner is behind bars since more than 6 years as he was
convicted for the offence under Section 8/18 (B) and 25 of the
NDPS Act and was sentenced for 15 years rigorous imprisonment,
awarded by the learned Special Court NDPS Court, Neemuch, MP
vide order dated 28.12.2023, passed in Sessions Case
[2025:RJ-JD:38983] (2 of 3) [CRLW-2502/2025]
No.40/2018. The emergent parole for a period of 15 days has
been filed on the ground of marriage of petitioner's daughter. The
counsel for the petitioner has relied upon the judgment passed by
Division Bench of this Court in Aakib Ali Khan Vs. State of Raj.
D.B. Civil Writ Petition (Parole) No.11624/2025 wherein it is
stated that the authority was not justified in rejecting prayer of
the convict-petitioner for his release on parole because he was
convicted by a Court situated in another State.
On 26.08.2025, this Court directed the learned Public
Prosecutor to procure the factual report by the next date of
hearing.
Today, the learned Public Prosecutor produced the report
dated 27.08.2025, sent by the SHO, P.S. Shivpura, District Pali.
As per the report, the marriage of the daughter of the petitioner
has been fixed for 06.09.2025. The report dated 27.08.2025, sent
by the SHO, P.S. Shivpura, District Pali is taken on record.
As per the reply to the criminal writ petition filed on behalf of
the respondent-State, the petitioner has already served the
sentence of 6 years, 5 months and 3 days up to 22.08.2025.
Having regard to the overall facts and circumstances of the
case, perusal of the record, more specifically the judgment
rendered in Aakib Ali Khan (supra) as well as the report filed by
the SHO, P.S. Shivpura and considering that there is also no
remark regarding misbehavior of the petitioner from the jail
authority, where at present he is lodged, therefore, this Court
deems it just and proper to grant 15 days' emergent parole to the
[2025:RJ-JD:38983] (3 of 3) [CRLW-2502/2025]
petitioner.
Accordingly, this criminal writ petition is allowed and it is
hereby directed that the petitioner - Joga Ram S/o Bhana Ram,
who is presently lodged in Central Jail, Jodhpur, shall be released
on emergent parole for a period of 15 days on his furnishing a
personal bond in the sum of Rs.2,00,000/- with two sureties of
1,00,000/- (out of which one surety will be a close relative of the
petitioner) to the satisfaction of the Superintendent, Central Jail,
Jodhpur. The date and time of release and surrender shall be
mentioned on the release order.
The petitioner shall surrender himself before the
Superintendent, Central Jail, Jodhpur after availing 15 days'
emergent parole from the date of his actual release.
Learned Public Prosecutor is directed to procure the status
report with regard to surrender of the petitioner after completion
of emergent parole period on the next date of hearing.
List this matter on 23.09.2025.
(MUKESH RAJPUROHIT),J
365-Ramesh/-
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