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2025 DAILYLAW 40734 (RAJ)

SACHIN S/O LATE SHRI RAMBABU v. STATE OF RAJASTHAN

CRLW/1619/2025 · 2025-12-09

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1619/2025 Sachin S/o Late Shri Rambabu, aged about 49 Years, R/o Near Gopal Ji Mandir, Kumher Gate, Weir, Bharatpur (At Present in Central Jail, Jaipur) Through His Mother Namely Laxmi Devi W/o Late Rambabu Sharma, aged About 49 Years, R/o 79,near Lali Wali Haveli, Kumher Gate, District Bharatpur, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, Through The Secretary Home, Secretariat, Jaipur. 2. The District Parole Advisory Committee, Through Its Chairman, District Magistrate, Rajsamand. 3. Superintendent Central Jail, Jaipur. ----Respondents For Petitioner(s) : Mr. Nikhlesh Katara Mr. Vishnu Kumar Sharma For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 09/12/2025 1. By way of filing the present criminal writ petition, a prayer has been made for grant of emergent parole to the petitioner in order to attend the marriage of his two real sisters’ which is scheduled to be held on 11.12.2025. 2. Counsel for the petitioner submits that the petitioner has been convicted and sentenced by the Court of Special Judge (POCSO Act) No.1, Jaipur Metropolitan-I in Sessions Case No. 81/2020 for the offence under Section 376(2)(n) of IPC and he has been sentenced to undergo 10 years rigorous imprisonment (2 of 3) [CRLW-1619/2025] which sentence he is presently undergoing at the Central Jail. Counsel for the petitioner submits that marriage of the real sisters of the petitioner is going to be solemnized on 11.12.2025 and since father of the petitioner has already passed away and he being the elder brother of brides, his presence is all the more required to perform the necessary rituals, customs and rites of the marriage. Hence, under these circumstances, the petitioner submitted an application before the Superintendent of Central Jail, Jaipur Metropolitan on 02.12.2025 but the said application has not been decided by the Superintendent. Therefore, under these compelling circumstances, the petitioner has approached this Court by way of filing the present writ petition. 3. This Court vide order dated 06.12.2025, directed the State counsel/learned Public Prosecutor to procure the verification report with regard to the factum of marriage of the petitioner’s sisters. 4. Pursuant to the aforesaid, the factual report has been furnished by the SHO, Police Station Weir, District Bharatpur which indicates that the marriages of two real sisters of the petitioner i.e. Anita Sharma and Sunita Sharma are going to be solemnized on 11.12.2025 and father of the petitioner has already passed away. 5. Considering the above factual aspect of the matter that father of the petitioner is not alive and the petitioner is the elder brother of the brides and his presence is required to perform the necessary rituals, customs and rites of the marriage, this Court deems it just and proper to grant emergent parole to the petitioner for a limited period. (3 of 3) [CRLW-1619/2025] 6. It has been apprised to this Court that on 03.12.2025, the petitioner has been shifted to Central Jail, Bikaner. 7. Accordingly, the Superintendent of Central Jail, Bikaner is directed to release the petitioner on emergent parole w.e.f. the date of his release, upon his furnishing personal and surety bonds to the satisfaction of the Superintendent of Central Jail, Bikaner with the stipulation that the petitioner shall surrender before the jail authorities on or before 18.12.2025. 8. Consequently, the instant criminal writ petition stands disposed of. (ANOOP KUMAR DHAND),J Ashu/324