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Rajasthan High Court - Jodhpur
Pradeep vs State Of Rajasthan (2026:Rj-Jd:9461) on 20 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[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
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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:
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[2026:RJ-JD:9461] (3 of 3) [CRLW-583/2026]
(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/-
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