1. Rule.
Mr. Soni, learned APP waives service of Rule on behalf of respondent State.
2. The applicant has taken-out this application for seeking parole leave for a period of 10 days, as the earlier parole leave, which was granted to him for attending his daughter's engagement ceremony, was over and he has surrendered in jail without performing the engagement ceremony, as there was some dispute on this count.
3. Mr.A.A.Ansari, learned advocate, for the applicant has invited this Court's attention to the averments made in the petition and submitted that some time be granted so that the prisoner could attend the engagement ceremony of his daughter.
4. Mr.Niraj Soni, learned APP, submitted that the jail remark-sheet indicate that the same cause of action pleaded earlier also, while enjoying parole for two days i.e. from 05/06/2011 to 06/06/2011 and one more time for three days i.e. from 30/06/2012 to 02/07/2012. Therefore, this being third time, in case if the Court is inclined to grant parole leave for a smaller period, let there be specific observation that now hereafter for such cause of same daughter, the parole leave may not be granted and application to that effect may not be entertained.
5. The Court is of the view that if the genuineness of postponement of the engagement ceremony is not doubted or disputed, then the Court has to accept the averments made on oath by the applicant and in view of this when the engagement ceremony is to be performed on 07/07/2012 to 08/07/2012, for these two days the accused/applicant is required to be permitted to enjoy parole leave accordingly. Before parting with the order, it is observed that for the same daughter even if the ceremony is not performed, prisoner/applicant would not be permitted any parole leave that may be noted. The Court is inclined to partly accept this application. The applicant/accused is ordered to be released on parole leave on 06/07/2012 on his executing personal bond of Rs.5,000/- (Rupees Five Thousand Only) and surety of like amount before the jail authority and he shall surrender to the jail authority on 09/07/2012 on the following terms and conditions that he shall :
(a) not take undue advantage of his liberty or misuse his liberty :
(b) maintain law and order ;
(c) furnish the address of his residence ;
(d) he shall surrender to the jail authority on expiry of his leave.
6. Rule is made absolute to the aforesaid extent.
7. Direct service is permitted, today.
(S.
R. BRAHMBHATT, J.) Rathod Top