[2025:RJ-JP:27591-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition (Parole) No. 1004/2025 Mohansingh S/o Pyare Singh, R/o Pathena, Police Station Khedli Mode, District Bharatpur - Presently Confined In Central Jail Bharatpur - Through His Family Member Dinesh Singh S/o Shri Parsuram Singh, Aged 43 Years R/o Pathena, District Bharatpur Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Director General Of Prison, Rajasthan, Jaipur. 2. District Collector Cum District Magistrate, Bharatpur. 3. Superintendent Central Jail, Bharatpur. ----Respondents For Petitioner(s) : Mr. Ved Prakash Sogarwal For Respondent(s) : Mr. Jitendra Singh Rathore, AGA HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 23/07/2025 1. The convict-prisoner has preferred this petition for release on fifteen days emergent parole on the ground of death of his son Dharmendra Singh, who died on 10.07.2025. 2. Heard. 3. Learned counsel for the petitioner submits that entire family of the convict-prisoner is languishing in jail. The presence of the convict-prisoner being father is necessary to perform last rites of his son. But the emergent parole application of the convict- prisoner has been rejected without assigning any reason. The contention is that order rejecting parole application of the convict- prisoner being non-speaking and unreasoned is liable to be set aside. [2025:RJ-JP:27591-DB] (2 of 3) [CRLW-1004/2025] 4. Learned Addl. Government Counsel opposes the prayer for release of convict-prisoner on emergent parole and submits that parole application of the convict-prisoner was rejected on the basis of reports received from the Superintendent of Police, Bharatpur, District Welfare Officer, Bharatpur and the Superintendent, Central Jail, Bharatpur. 5. Rule 10A of the Rajasthan Prisoners (Release on Parole) Rules, 1958 is reproduced as under: “10A. (i) Notwithstanding] the provision of rule [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 [.......] [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. (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 [2025:RJ-JP:27591-DB] (3 of 3) [CRLW-1004/2025] 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. (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.” 6. From the order impugned dated 17.07.2025, it is forthcoming that emergent parole has been sought on the ground of death of son, but no reason has been assigned by the Additional District Magistrate (City), Bharatpur for rejecting emergent parole application of the convict-prisoner and the order passed is unreasoned and non-speaking. 7. In view of the above, the criminal writ petition is disposed of with a direction that parole application of the convict-prisoner shall be decided afresh within a period of three days from the date of receipt of copy of the order in accordance with law and keeping in mind provisions of Rule 10A of the Rajasthan Prisoners (Release on Parole) Rules, 1958. 8. Needless to say, convict-prisoner shall be at liberty to avail remedies in accordance with law if aggrieved of the decision. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J INDER/58