The present application is filed by the accused seeking parole leave for a period of thirty days on suitable terms and conditions on the occasion of Babari Ceremony of his son scheduled on 15.05.2012.
2. RULE.
Learned APP Mr. H.K. Patel waives service of rule on behalf of respondent - State.
3. Learned advocate for the petitioner made available for perusal the xerox copy of the application dated 26.04.2012 filed by the wife of the petitioner - Dharmishthaben Vijaybhai Sorathiya. The application was filed before the District Collector, Vadodara. The application was received by the Office of the District Collector, Vadodara on 30.04.2012.
3.1 Learned advocate for the petitioner also made available for perusal an order dated 07.05.2012 under the signature of the Extra Chitnish Nisbat, Collector, Vadodara intimating that the application of the wife of the convict dated 01.05.2012 along with nominal roll of the convict is received on 05.05.2012. The same is rejected as the opinion of the Police Superintendent, Anand is not received.
4. The method and manner in which the application is dealt with requires condemnation. The application is dated 26.04.2012. There is a rubber stamp of the office of the Collector indicating that the same was received on 30.04.2012 and the rejection is dated 07.05.2012. What is important is that the ground on which the application is rejected is 'non receipt of the opinion of the Superintendent of Police, Anand District'.
5. The learned APP Mr. Patel has made available the jail remarks. It is really shocking that a person who has been in jail for 12 years, 3 months and 23 days. His application is rejected on the ground that opinion from the DSP, Anand is not received. This shows an indifferent & inhuman approach by the authority. It is suggestive of the fact that the officer like Collector of the District is not mindful of the agony one is undergoing in such matter. The jail remarks show that he has enjoyed nine furlough leave and every time, he has reported in time. He has enjoyed fourteen times parole leave and every time, he has reported on the expiry of the period of leave granted to him. There is no adverse remarks in the jail remarks. The conduct with the jail authority is shown to be good and still he is deprived from attending his son's Babari ceremony only on the ground that the opinion of the DSP is not received. It is high time that the authority should find out a better procedure for attending to such application made by the helpless dependent of the convict who is in jail for more than a decade.
6. For the contents of the application, the application is allowed. The applicant-convict is ordered to be released on parole leave for a period of seven days from today, on his executing a personal bond in the sum of Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the Jail Authority.
7. 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.
8. Registry is directed to send a copy of the application dated 26.04.2012, a copy of the order dated 07.05.2012 and a copy of the jail remarks to the Principal Secretary, Home Department, to look into the matter and report the action taken in the matter.
9. The applicant -
convict shall surrender to the Jail Authorities on expiry of the leave period.
10. Rule is made absolute.
Direct service is permitted today.
[Ravi R. Tripathi, J.] #MH Dave Top