Ajay Joshi S/O Shri Ramdayal Joshi Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Writ Petition (Parole) No.1038/2026 URN: CRLW / 4080U / 2026

Ajay Joshi S/o Shri Ramdayal Joshi, R/o Retwada Chouk, Police Station Kotwali, Jhalawar (Raj.) (At present serving sentence in Central Jail Kota). Through his father:- Ramdayal Joshi S/o Late Shri Beerbal Joshi, aged about 56 years, R/o Retwada Chouk, Police Station Kotwali, Jhalawar (Raj.)

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----Petitioner

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Versus

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State of Rajasthan, through Inspector General, Prison, Jaipur.

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The District Magistrate, District Kota. 3. The Superintendent, Central Jail, Kota.

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----Respondents

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For Petitioner(s)	: Mr.	Govind Prasad Rawat
For Respondent(s)	: Mr.	Vivek Choudhary,PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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03/07/2026

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Instant Criminal Writ Petition has been filed by the convict through his father seeking emergent parole on account of demise of his mother on 26.06.2026.

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Counsel for the petitioner submits that mother of the petitioner has passed away on 26.06.2026 and the petitioner wants to attend last rituals of his late mother. He thus, prays that for this purpose, petitioner may be released on emergent parole.

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Per contra, learned counsel for the State opposed the arguments raised by the counsel for the petitioner, but he is not in

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a position to controvert the submissions made by the counsel for the petitioner.

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Heard and considered the submissions made at Bar and perused the material available on the record.

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Perusal of the record indicates that emergent parole can be granted to the prisoner as per the provisions contained under Rule 11 of the Rules of 2021, which reads as under:

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“ 11. Emergent cases.- (1) Notwithstanding anything contain in rule 5, 6, and 10, in emergent cases, involving humanitarian consideration, such as,-

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(i) critical condition on account of illness of any close relative i.e. father, mother, wife, husband, children, brother or un-married sister;

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(ii) death of any such close relative;

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(iii) serious damage to life or property from any natural calamity;(iv) Marriage of a Prisoner, his/her son or daughter or his/her brothers/sister in case his/her parents are not alive; and

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(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.

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(2) Notwithstanding anything contained in these rules, where a pregnant woman prisoner applies for parole to have her delivery outside the prison, the Director General of Prisons may grant parole to such a woman prisoner for a period not exceeding ninety 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 condition precedent to the release of such prisoner on parole:

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Provided that no parole shall be granted and no prisoner shall be released on parole under this subrule, if in the opinion of the Director General of Prisons, that the prisoner is under high security risk or is undergoing sentence for committing a grave offence.

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(3) Where a petition for suspension of the execution of a sentence of imprisonment or for remission of the whole or part of a sentence of imprisonment is made by or on behalf of a person sentenced to imprisonment of an offence under any law relating to matter to which the executive power or the Union extends and the person sentenced to an imprisonment is in jail, the execution of the sentence shall be suspended and such person released on parole, not exceeding fifteen days, if the Government of the State in which such person is detained in jail is satisfied that the immediate release of such person on parole is rendered necessary by reason of any illness constituting a grave threat to the life of such person or of a parent, wife husband or child of such person. Such prisoner shall not entitled for any other kind parole under these rule.

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(4) A person released on parole under sub-rule (3) above, shall enter into a bond, undertaking to reside during the period of the parole at a place specified therein and not depart therefrom, without the previous permission of the State Government and to return to the jail in which he is confined on expiry of the period of his parole, and to conform to such other conditions as the State Government may consider necessary.

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(5) 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.

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(6) 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.”

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Looking to the urgency involved in the matter and looking to the fact that petitioner’s mother died and petitioner wants to

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perform last rites of his mother, this Court deems it proper to allow this writ petition.

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Accordingly, the Criminal Writ Petition (Parole) is allowed. The Superintendent, Central Jail, Kota is directed to release the petitioner on emergent parole for a period of fifteen days from the date of his actual release, on furnishing of his personal bond of Rs.3,00,000/- together with two sureties of Rs.1,50,000/- each, out of which one shall be furnished by the close family member of the petitioner, to the satisfaction of the Jail Authorities with the stipulation that he shall surrender himself before the Jail Authorities on expiry of fifteen days from the date of release and shall maintain peace and tranquility during parole period.

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The Jail Authorities shall also give a date for surrender to convict- Ajay Joshi and shall also be at liberty to impose other reasonable and adequate conditions to ensure his return to the State custody after availing the parole. 9. In case of failure to surrender on expiry of fifteen days, the Jail Authorities shall proceed in accordance with law.

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This Court also directs that if during the parole period, the prisoner is found to be indulged in any kind of offence or/and any report is lodged against him of any offence, then in such event, the parole granted to him shall stand cancelled.

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(ANIL KUMAR UPMAN),J

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372/LALIT MOHAN

Ajay Joshi S/O Shri Ramdayal Joshi v. State of Rajasthan

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Ajay Joshi S/O Shri Ramdayal Joshi v. State of Rajasthan

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