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2025 DAILYLAW 19573 (RAJ)

MONU @ JAHID S/O SHRI JAKIR HUSSAIN v. STATE OF RAJASTHAN

CRLW/649/2025 · 2025-07-01

Avneesh Jhingan, Bhuwan Goyal

body2025

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[2025:RJ-JP:24014-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 649/2025 Monu @ Jahid S/o Shri Jakir Hussain, R/o Near Neelgaro Ki Masjid, Kanwas, District Kota (Raj.) (At Present Confined In Central Jail Kota) Through His Mother - Nafisa Begum W/o Shri Jakir Hussain, Aged About 55 Years, R/o Near Neelgaro Ki Masjid, Kanwas, District Kota (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Collector, Kota. 3. The Superintendent, Central Jail, Kota. ----Respondents For Petitioner(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Vivek Sharma, AGA with Mr. Aman Kumar HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 01/07/2025 1. Accused-petitioner has filed this Criminal Writ Petition (Parole) seeking emergent parole for a period of thirty days for treatment of his father – Jakir Hussain suffering from cancer. 2. It is contended by counsel for the petitioner that the petitioner is in custody for almost eleven years. He was earlier released on emergent parole by the District Magistrate, Kota for cancer treatment of his father. The Probation Officer has recommended for his release on [2025:RJ-JP:24014-DB] (2 of 3) [CRLW-649/2025] emergent parole. As per report of concerned Jail Superintendent, his conduct in jail is satisfactory. But parole application of the petitioner has been rejected on the ground that Superintendent of Police, Kota Rural has given an adverse report against the petitioner. It is contended that there is no justification in rejecting the parole application. 3. Learned Additional Government Advocate has opposed the criminal writ petition. It is contended that Superintendent of Police, Kota Rural has not recommended for release of the petitioner on parole. 4. In counter, learned counsel for the petitioner has submitted that after availing 15 days emergent parole granted earlier, the petitioner surrendered before the concerned authority within stipulated period. 5. We have considered the contentions advanced by counsel for the parties and perused the material on record. 6. The fact that the petitioner has remained in custody for a period of almost eleven years; Probation Officer has recommended for release of the petitioner on emergent parole; his jail conduct is satisfactory; respondents have not disputed the fact that petitioner’s father is suffering from cancer disease and no basis for the adverse police report has been placed on record, the petitioner is granted as emergent parole, per Rajasthan Prisoners Release on Parole Rules, 1958. The writ petition (parole) is allowed and order dated 17.04.2025 is set aside. [2025:RJ-JP:24014-DB] (3 of 3) [CRLW-649/2025] 7. The Jail Authorities are directed to release the petitioner on emergent parole for a period of 15 days on furnishing of his personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the Superintendent, Central Jail, Kota with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of the parole period and shall maintain peace and tranquility during the parole period. 8. In case of his failure to surrender by stipulated date, the Jail Authorities shall proceed in accordance with law. 9. Office is directed to send a copy of this order to the Superintendent, Central Jail, Kota by fax today itself for necessary compliance. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER/34