[2025:RJ-JP:30305-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Writ Petition No. 1013/2025 Kamlesh Saini S/o Sh. Bhanwar Lal Saini, R/o Dhani Jamalpuriya Ki (Naya Kuwa) Tan Maangarh, Police Station Ajeetgarh, District Sikar (Raj.) (At Present Confined In Central Jail Bikaner) Through His Wife - Smt. Prem Saini W/o Sh. Kamlesh Saini, Age About 28 Years, Residence Of Naya Kuwa, Maangarh, Police Sta- tion Ajeetgarh, District Sikar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Inspector General, Prison, Jaipur. 2. The District Magistrate, Sikar. 3. The Superintendent Of Central Jail, Bikaner. ----Respondents For Petitioner(s) : Mr. B.R. Choudhary For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. GA HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 06/08/2025 1. The convict-prisoner through his wife has preferred this peti- tion for release on one month’s emergent parole on the ground of delivery of his wife which was to take place on 31.07.2025. 2. Heard. 3. Learned counsel for the petitioner submits that the convict- prisoner is languishing in jail since last around one and a half years and his jail conduct is satisfactory as per the jail record. He also submits that there is no responsible person in the convict- prisoner’s family to look after his wife during/after delivery, which [2025:RJ-JP:30305-DB] (2 of 4) [CRLW-1013/2025] was to take place on 31.07.2025. The presence of the convict- prisoner is therefore necessary to look after his wife. But the emergent parole application of the convict-prisoner has been re- jected on the ground that father of the convict-prisoner is healthy who can arrange the money and look after his wife and child. The contention is that order rejecting parole application of the convict- prisoner is not justified and contrary to the provisions of sub-Rule (5) of Rule 11 (1) of the Rajasthan Prisoners Release on Parole Rules, 2021. 4. Learned Deputy Government Advocate opposes the prayer for release of convict-prisoner on emergent parole and submits that parole application of the convict-prisoner was rightly rejected as father of convict-prisoner being healthy is able to look after his wife and child as also arrange the money. 5. This Court vide order dated 30.07.2025 has directed the learned Government Advocate -cum- Additional Advocate General to apprise the Court with regard to family members of the peti- tioner as well as the fact that whether the wife of the petitioner is residing with her in-laws or with her parents. 6. In compliance of the directions, the report dated 01.08.2025 sent by the Superintendent Central Jail, Bikaner, has been pro- duced on record. As per the report, wife of convict-prisoner is re- siding with her father-in-law and two minor children. There is no other responsible male in the family to look after the wife of con- vict-prisoner. 7. The relevant extract of Sub-Rule (5) of Rule 11(1) of the Ra- jasthan Prisoners Release on Parole Rules, 2021, is reproduced as under: [2025:RJ-JP:30305-DB] (3 of 4) [CRLW-1013/2025] “11. Emergent cases.- (1) Notwithstanding any- thing contain in rule 5,6, and 10, in emergent cases, involving humanitarian consideration, such as,- (i) critical condition on account of illness of any close relative i.e. father, mother, wife, husband, children, brother or un-married sister; (ii) death of any such close relative; (iii) serious damage to life or property from any natural calamity; (iv) Marriage of a Prisoner, his/her son or daugh- ter or his/her brothers/sister in case his/her par- ents are not alive; and (v) delivery of Prisoners wife, a prisoner, may be released on parole for a period not exceeding seven days by the Superintendent of the Jail and for a period not exceeding fifteen days by the Inspector General of Prisons or Dis- trict 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 re- lease of such a prisoner on parole.” 8. From the above, it is clear that delivery of a prisoner’s wife is one of the grounds for release on emergent parole under Rule 11 (1) of the 2021 Rules. It is not the case of the respondents that the convict-prisoner is otherwise not eligible for emergent parole. 9. The Criminal Writ Petition (Parole) is accordingly, allowed. The order/recommendation dated 16.07.2025 of the Superinten- dent Central Jail, Bikaner is quashed. The Jail Authorities are di- rected to release the convict-prisoner on emergent parole for a period of 10 days on furnishing of his personal bonds of Rs.1,00,000/- with two sound and solvent sureties of Rs. 50,000/- each to the satisfaction of the Superintendent, Central Jail, [2025:RJ-JP:30305-DB] (4 of 4) [CRLW-1013/2025] Bikaner with the stipulation that he shall surrender himself before the Jail Authorities on the expiry of emergent parole period and shall maintain peace and tranquility during parole period. 10. In case of failure to surrender by stipulated date, the Jail Au- thorities shall proceed in accordance with Law. 11. The Registrar (Judicial) is directed to send a copy of this or- der to Superintendent, Central Jail, Bikaner by fax today itself for necessary compliance. (BHUWAN GOYAL),J (INDERJEET SINGH),J PAYAL DHAWAN /41