1. The present application is filed by the mother of the convict seeking parole leave for a period of ninety days on suitable terms and conditions so as to attend his ailing wife, who is to be operated. Besides that he has to make financial arrangement and to take post operational care. A certificate issued by Dr. Babu U. Sadadiwala is enclosed, wherein, it is stated that the wife of the convict Smt. Sunandben Kailashnath Sharma is having ventral hernia bulky uterus with DVB. It is also mentioned in the certificate that she is advised for abdominal hysterectomy repair of hernia on 19.05.2012 rescheduled date at this hospital. It is also mentioned in the certificate that she will require one attendance for six weeks after surgery. The mother, who is present before the Court, states that there is nobody in the family to take care of the wife of the convict and there are only small children, who are to be taken care by the mother and she will not be able to take care in the hospital either during operation or after operation.
2. RULE.
Learned APP Mr. H.K. Patel waives service of rule on behalf of respondent - State.
3. By interim order, the convict-prisoner is ordered to be released on parole leave for a period of 30 (thirty) days on his executing a personal bond in the sum of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the Jail Authority and on usual terms and conditions.
3.1. This is second matter which has come to the notice of this Court wherein the office of the Collector, Vadodara is found to be working without proper application of mind to the facts of the case. Learned APP shall see to it that a responsible officer from the Office of the Collector, Vadodara remains present before this Court and explains the contents of letter dated 7.5.2012. Besides that, it is also noticed that the Office of the Collector, Vadodara has rejected the parole leave application only on the ground that Commissioner of Police, City of Surat has given a negative opinion. The Commissioner of Police, City of Surat is directed to file an affidavit explaining the reasons and circumstances in which the negative opinion is given, more particularly, in light of the fact that the convict is in jail for 15 years 2 months and 6 days and he has enjoyed one temporary bail and has enjoyed parole leave on as many as 23 occasions and every time he has reported in time, except that at the time of temporary bail in the year 1997, he was required to be lodged back in jail after having remained absconding for 1085 days. The aforesaid parole leave is granted starting from 2005 to 2012. Despite that, the Office of the Commissioner of Police, City of Surat has given negative opinion. The matter is kept on 18.5.2012.
4. This order be communicated by fax by the registry to the jail authority concerned. A copy of this order be made available to learned APP for its onwards communication for compliance. Copy of this order be sent by fax to the Office of Commissioner of Police, City of Surat as well as Office of the Collector, Vadodara.
5. The applicant -
convict shall surrender to the Jail Authorities on expiry of the leave period.
6. Rule is made absolute.
Direct service is permitted today.
[Ravi R. Tripathi, J.] #MH Dave Top