Rajasthan High Court - Jodhpur
Satyanarayan vs State Of Rajasthan (2023:Rj-Jd:43843) on 14 December, 2023
Author: Dinesh Mehta
Bench: Dinesh Mehta
[2023:RJ-JD:43843] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 2017/2023 Satyanarayan S/o Shri Ram Chandra Ji, Aged About 60 Years, At Present Lodged In Central Jail, Ajmer Through His Son Shubham Sharma S/o Shri Satyanarayan, Aged About 31 Years, B/c Sharma, R/o 84, Laxmi Nagar, P.s. City Kotwali, Bhilwara, Dist. Bhilwara.
----Petitioner Versus
1. State Of Rajasthan, Home Department, Jaipur, Raj.
2. The District Collector, Bhilwara.
3. The Superintendent, Central Jail, Ajmer.
----Respondents For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor JUSTICE DINESH MEHTA Order 14/12/2023
1. By way of the present criminal writ petition (parole) filed under Article 226 of the Constitution of India, the petitioner, who is behind the bars for the offence punishable under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), prayed for grant of parole/interim release, so as to enable him to attend wedding of his son (Shubham), which is going to be solemnized on 15.12.2023 at Bhilwara.
2. Learned Public Prosecutor opposed the petitioner's prayer for grant of parole by contending that the parole rules do not permit grant of parole in such contingency. He submitted that having (Downloaded on 14/12/2023 at 08:46:03 PM) [2023:RJ-JD:43843] (2 of 2) [CRLW-2017/2023] regard to the petitioner's involvement in NDPS cases, no indulgence be granted to him.
3. Heard learned counsel for the parties.
4. True it is that there is no provision for grant of parole to convicts under the provisions of NDPS Act, that too for the purpose of marriage.
5. Be that as it may. This Court cannot be oblivious of humanitarian aspect of the matter and rights of convicts.
6. Considering that the petitioner's son is getting married on 15.12.2023, instead of granting parole to the petitioner, this Court deems it appropriate to allow the petitioner to attend the marriage of his son in police custody on 15.12.2023 (11:00 am onwards) to 16.12.2023 (06:00 pm).
7. The Jail Superintendent, Ajmer shall ensure sending of petitioner to attend the wedding of his son with two Constables.
8. The petitioner shall be brought back to the jail at 6:00 pm on 16.12.2023.
9. In view of above, the present writ petition (parole) stands disposed of.
(DINESH MEHTA),J 643-Mak/-
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