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"1. The instant writ petition is filed by convict-prisoner Rahul through his wife Smt. Brijesh Devi seeking emergent parole on ground of want of progeny under Rule 11 of the Rajasthan Prisons (Release On Parole) Rules, 2021 read with Article 14 and 21 of the Constitution of India. Petitioner was convicted for the offence under Sections 363, 366 and 376 (3) of IPC and 3/4(2) of POCSO Act and sentenced to 20 years imprisonment vide order dated 13.06.2022 in Sessions Case No. 29/2021.

As an upshot of the observations made herein above, we are of the considered view that though there is no express provision in the Rajasthan Prisoners Release On Parole Rules, 2021 for releasing the prisoner on parole on the ground of his wife to have progeny; yet considering the religious philosophies, cultural, sociological and humanitarian aspects, coupled with the fundamental right guaranted by the (4 of 7) [SOSA-549/2022] Constitution of India and while exercising extra ordinary power vested in it, this Court deem it just and proper to allow the instant writ petition."

3. Per contra, counsel for the State has opposed the present petition and submitted that the present petitioner was convicted under POCSO Act for offences that are grievous in nature. Learned counsel contends that if the petitioner is released on parole, it would adversely affect the society and there is a possibility of conflict/quarrel between the petitioner and the complainant. Learned counsel further submitted that in Rajasthan Prisons (Release On Parole) Rules, 2021, there is no provision for releasing the petitioner on emergent parole on the ground of want of progeny.