Tofan Mal vs State of Rajasthan

This writ petition has been filed by the petitioner under Article 226 of the Constitution of India praying that the petitioner be released on emergent parole to attend his wife, who has recently given birth to a child.

This Court on 29.3.2016 had passed the following order:-

"Present writ petition has been filed on behalf of the convict for grant of emergent parole to attend his pregnant wife whose delivery is expected in the first week of April, 2016.

No reply has been filed by the State.

We direct the Additional Government Advocate to seek report from the concerned Investigating Officer regarding the medical condition of wife of the petitioner. To await for the report. List on 04.04.2016."

The learned Public Prosecutor submitted that wife of the petitioner has given birth to a child on 30.3.2016. The learned Public Prosecutor further submitted that there is no provision in the rules to release a convict to attend his wife who is pregnant or has given birth to a child.

Counsel for the petitioner has urged that there is nobody else available in the family to look after the mother and the child.

Having heard the learned counsel for the parties, we find that Rajasthan Prisoners Release on Parole Rules, 1958 require fresh consideration. State Government in these days have started granting paternity leave to the employees for attending mother and the child.

Taking into account humanitarian considerations, we are of the view that the petitioner is entitled to be released on emergent parole for a period of 30 days from the day of his release. The petitioner shall furnish his personal bond and the bonds of the sureties to the satisfaction of the District Magistrate, Jaipur.