[2026:RJ-JP:6550] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition(Parole) No. 241/2026 Sukhdev @ Sukha S/o Late Shri Bhairu Singh, Aged About 22 Years, R/o Village Bubani, Police Station Gegal, District Ajmer (Presently Confined In Central Jail Ajmer). Through His Mother Smt. Geeta Devi W/o Late Shri Bhairu Singh, Aged About 55 Years R/o Village Bubani, Police Station Gegal, District Ajmer ----Petitioner Versus 1. State Of Rajasthan, Home Department, Jaipur (Raj.) 2. The District Collector, Ajmer. 3. The Superintendent, Central Jail, Ajmer. ----Respondents For Petitioner(s) : Mr. Vijendra Yadav, Adv. For Respondent(s) : Mr. Vivek Choudhary, Dy. GA HON'BLE MR. JUSTICE BHUWAN GOYAL Order 12/02/2026 1. This petition has been filed by the accused petitioner through his mother seeking 30 days’ emergent parole on the ground of his marriage. 2. Learned counsel for the petitioner submits that the petitioner is presently confined in Central Jail, Ajmer for the offence under Sections 363, 366 IPC and Section 3/4, 5 of the POCSO Act and serving 20 years of sentence as awarded to him by the trial court vide its judgment dated 07.11.2024 in Sessions Case No.42/2023, against which the petitioner has already filed S. B. Criminal Appeal No.3335/2024 before this court. He further submits that earlier the petitioner's marriage was fixed on 21.01.2026 but when he could not be released in time, his [2026:RJ-JP:6550] (2 of 6) [CRLW-241/2026] marriage was re-scheduled and now his marriage is going to be solemnized on 16.02.2026, for which the marriage ceremony/programmes will start from 12.02.2026. In this view of the matter, the petitioner withdrew the earlier petition filed by him and the same was dismissed as withdrawn by this court vide order dated 04.02.2026. However, a liberty was granted to the petitioner that if he files an application before the concerned authority, same shall be decided expeditiously, in accordance with law. He further submits that as per liberty granted by this court, the petitioner's mother submitted an application before the concerned authority on 06.02.2026 but the said application has been dismissed vide order dated 08.02.2026 issued by Superintendent, Central Jail, Ajmer. He further submits that the petitioner's father has already expired and petitioner's mother is only alive, who has to make arrangements for the marriage of her son. He further submits that petitioner's mother is an elderly lady and there is no other male member in the family to oversee and perform the essential rituals and responsibilities associated with the marriage of her son. 3. In support of his contentions, he has placed on record a copy of the petitioner’s marriage invitation card as also the Certificate dated 22.01.2026 issued by the Gram Panchayat Bubani, District Ajmer to the effect that if the petitioner is released on emergent parole for his marriage, the Gram Panchayat shall have no objection. He further submits that earlier the petitioner was granted 15 days’ emergent parole by the Coordinate Bench of this court vide order dated 29.7.2025 passed in S.B. Criminal Writ Petition No. 853/2025 on the ground of [2026:RJ-JP:6550] (3 of 6) [CRLW-241/2026] illness of his mother and thereafter he himself surrendered in the jail. Thus, he has prayed that looking to the facts and circumstances of the case, the petitioner be granted 30 days’ interim parole to solemnize his marriage. 4. He has also drawn the attention of this court to the judgment passed by the Division Bench of this Court in the case of Shahrukh Khan V/s State of Rajasthan & Ors. (D.B. Criminal Writ Petition (Parole) No.924/2025). 5. Learned Dy. G.A. has opposed the same and submits that under Rule 16 of the Rajasthan Prisoners (Release on Parole) Rules 2021, the petitioner should not be released on emergent parole. He has supported the order dated 08.02.2026 passed by the Superintendent Central Jail, Ajmer. 6. Heard learned counsel for the parties and perused the relevant material on record. 7. Rule 16 of the Rajasthan Prisoners (Release on Parole), Rules 2021 (for short, ‘the Rules of 2021’) provides thus:- "Ineligibility for release.- (1) The following categories of prisoners shall not be eligible for release on parole unless they have not served half of the sentence including remission:- (a) Prisoners who have escaped from the Jail or Police/ Judicial custody or attempted to escape; (b) Prisoners who have been convicted for offences under sections 121 to 134, 216A, 302, 311, 328, 332, 386, 387, 388, 389, 392, 393, 394, 395, 397, 398, 399, 400, 401, 402, 413, 455, 458, and 459 of the Indian Penal Code, 1860; [2026:RJ-JP:6550] (4 of 6) [CRLW-241/2026] (c) Prisoner convicted for the offences punishable with imprisonment of 7 years or more under any other law: Provided that in granting parole to prisoners sentenced under section 302 of Indian Penal Code 1860, the circumstances of the case under which the murder was committed, such as murder committed for possession of land or over honour of women or as a result of family feuds shall be kept in view and favorably considered for parole (2) The following categories of prisoners shall not be eligible for release on parole:- (a) Prisoners convicted under the Protection of Children from Sexual Offences Act, 2012. (b) Prisoners convicted under section 326A, 364, 364A, 376A, 376B, 376E, 396, 460 of the Indian Penal Code 1860 and section 376 connected with 302 of the Indian Penal Code 1860 (rape with murder) (c) Prisoners convicted under the Unlawful Activities (Prevention) Act, 1967 (Central Act No. 37 of 1967) 8. Under Rule 11 of the Rules of 2021, a prisoner can be released on emergent parole. The said Rule reads thus: "Emergent cases.- (1) Notwithstanding anything 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 unmarried sister; (ii) death of any such close relative; (iii) serious damage to life or property from any natural calamity; [2026:RJ-JP:6550] (5 of 6) [CRLW-241/2026] (iv) Marriage of a Prisoner, his/her son or daughter or his/her brothers/sister in case his/her parents 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 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 a prisoner on parole." 9. This court vide order dated 11.02.2026 directed the PP to verify the factum of petitioner's marriage scheduled to be held on 16.02.2026. Pursuant thereto, Dy. GA has procured the report from SHO concerned as also the Certificate of Gram Panchayat, wherein it has been mentioned that the petitioner’s marriage is going to be held on 16.2.2026. The said report and the certificate are taken on record. 10. The Division Bench of this Court in the case of Shahrukh Khan Versus State of Rajasthan [D.B. Criminal Writ Petition (Parole) No. 924/2025] interpreted Rule 11 and 16 of the Rules of 2021 and held as under: “On harmonious construction of Rules 2(g), 5, 6, 10, 11 and 16, the interpretation is that condition of ineligibility for release on parole given in Rule 16 shall not be applicable to an application made under Rule 11 but all for release on parole under Rule 10. Another aspect is that for circumstances ad provisions of IPC mentioned in Rule 16(1), a prisoner is ineligible for release on parole till having served half of the sentence including remission. In case, release of the petitioner covered under Rule 16(1) is to be delayed till serving of half of the sentence, it shall defeat the basic purpose of Rule 11 providing for emergent release on [2026:RJ-JP:6550] (6 of 6) [CRLW-241/2026] humiliation consideration. In other words, Rule 11 for release of prisoner for taking care of a seriously ill relative, death of any close relative/property damage in natural calamity/marriage of prisoner or his children/delivery of prisoner's wife shall become otiose if the prisoner covered under Rule 16(1) has to wait till serving half of the sentence.” 11. In view of the law laid down by the Division Bench of this Court in the case of Shahrukh Khan (supra) as also in view of the fact that nothing has been placed on record to show that earlier when the petitioner was released on parole, he misused the liberty granted to him, the order dated 08.02.2026 passed by the Superintendent Central Jail, Ajmer is set-aside and the matter is remanded to the concerned authority with a direction to decide the petitioner’s parole application afresh in the light of the judgment passed in the case of Shahrukh Khan (supra) as early as possible, in accordance with law. (BHUWAN GOYAL),J D.K./178