Rajasthan High Court - Jodhpur
Pappu vs State Of Rajasthan ... on 28 May, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:26226-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Writ Petition No. 1303/2025
Pappu S/o Shri Deva Ram, Aged About 48 Years, R/o Thehat, P.s.
Dataramgarh, District Sikar At Present P.s. Bidasar, District
Churu. (At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Of Home
Deparment Of Home, Jaipur, Raj.
2. The Dist. Collector, Churu
3. The Superintendent, Central Jail, Jodhpur
----Respondents
For Petitioner(s) : Ms. Laxmi Devi
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SUNIL BENIWAL Order 28/05/2025
1. The petition for parole has been filed by the petitioner inter- alia seeking parole for 07 days from the date of actual release on account of treatment of his son with the submissions that in the family, except for him, there is no male member in the family to take care of his son.
2. Learned counsel for the petitioner submits that the petitioner has already undergone custody for a period of 14 years, 7 months, and 14 days. It is further submitted that although the petitioner was previously released on parole on 11.02.2007 and failed to surrender for a long time but thereafter, he was (Downloaded on 30/05/2025 at 10:41:01 PM) [2025:RJ-JD:26226-DB] (2 of 4) [CRLW-1303/2025] subsequently arrested and re-admitted to judicial custody on 10.05.2021.
3. Learned counsel further submits that the conduct of the petitioner is now being recorded as satisfactory by the Superintendent, Central Jail, Jodhpur.
4. Learned counsel for the petitioner has shown the Rajasthan Prisoners Release on Parole Rules, 1958 particularly Rule 10-A, which reads as under :-
"[10A. (i) Notwithstanding] the provision of rule 4[3, 4, 5], 9 and 10, in emergent cases, involving humanitarian consideration viz. (1) critical condition on account of illness of any close relations i.e. father, mother, wife, husband, children, brother or unmarried sister; (2) death of any such close relation; (3) serious damage to life or property from any natural calamity; and 5[(4)married of a prisoner, his/her son or daughter of his/or brothers/sisters in case his/her parents are not alive.] A Prisoner 6[.......] 4[may] be released on parole for a period not exceeding 7 days by the Superintendent of the Jail and for a period not exceeding 15 days by the Inspector General of Prisons [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.
7[(i-a) Notwithstanding anything contained in these rules, where a pregnant woman prisoner applies for parole to have her delivery outside the prison, the Director General-cum- Inspector General of Prisons may grant parole to such a woman prisoner for a period not exceeding forty five 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 prisoner shall be granted or released on parole under this sub-rule, if, in the opinion of the Director General cum Inspector General of Prisons, the prisoner is under high security risk or is undergoing sentence for committing a grave offence.(Downloaded on 30/05/2025 at 10:41:01 PM)
[2025:RJ-JD:26226-DB] (3 of 4) [CRLW-1303/2025]
(ii) A copy of the order for release of prisoners on parole shall be endorsed to the next higher authority giving full circumstances under which the parole has been allowed.
In case the next higher authority does not approve the grant of parole, he may ask the authority granting the parole to revoke the same who shall act accordingly."
5. Learned counsel for the petitioner further pointed out that the son of the petitioner is ailing from narrow spine disease, which requires urgent treatment.
6. The report dated 16.05.2025 is taken on record.
7. Learned counsel submits that the petitioner is the only responsible adult male member of his family who can take care of his son. It is further submitted that the petitioner has already undergone a sentence of 14 years, 7 months, and 14 days.
8. Learned Government Advocate cum Additional Advocate General opposes the petition but submits the report dated 16.05.2025 which confirms that the petitioner's son is suffering from Neuro-spine disease. It is also stated that the petitioner is the only male adult member of the family, with no other adult except his wife. Thus, the treatment of the petitioner's son is urgently required.
9. This Court taking into account the conjoint consideration of Rule 10-A of the Rajasthan Prisoners Release on Parole Rules, 1958, the custody undergone which is about 14 years, 7 months and 14 days, the medical report which indicates that son of the petitioner is suffering from Neuro-spine disease and the recommendation made by Superintendent of Police, Jodhpur, is inclined to grant the parole to the petitioner for a period of 7 days. (Downloaded on 30/05/2025 at 10:41:01 PM)
[2025:RJ-JD:26226-DB] (4 of 4) [CRLW-1303/2025]
10. Accordingly, the instant criminal writ petition is accepted and it is hereby directed that the petitioner-Pappu S/o Shri Deva Ram shall be released for a period of 07 days' parole upon his furnishing a personal bond in the sum of Rs.50,000/- and two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of Superintendent, Central Jail, Jodhpur on the usual terms and conditions.
11. The Superintendent, Central Jail, Jodhpur shall be at liberty to impose other adequate and reasonable conditions to ensure return of the convict to the custody after availing the parole. The term of parole shall be computed from the date of his actual release.
(SUNIL BENIWAL),J (DR.PUSHPENDRA SINGH BHATI),J Ashutosh/Abhishek-67 (Downloaded on 30/05/2025 at 10:41:01 PM) Powered by TCPDF (www.tcpdf.org)