1 D.B. PAROLE PETITION NO. 11724/2010 Narendra Kumar Vs. State of Rajasthan Date of Order : 18.12.2010 HON'BLE MR.JUSTICE DINESH MAHESHWARI HON'BLE MR.JUSTICE C.M.TOTLA By post Mr.K.R.Bishnoi, P.P. ***** The petitioner-convict Narendra Kumar son of Sita Ram has sent this application for emergent parole by post with the submissions that the marriage of his daughter is to be solemnised on 22nd instant. It is submitted that the petitioner made the prayer for emergent parole for a month but the prayer was declined. It is further submitted that the petitioner was earlier released on parole and every time he has surrendered and is serving the sentence maintaining all discipline. The learned Public Prosecutor has completed his instructions in this matter and has placed the factual report wherefrom it appears that the petitioner was convicted for the offence under Section 395 IPC on 31.05.2005 and until 15.12.2010, the petitioner has served the sentence of 11 years, 5 months and 6 days including jail remissions. From the papers as placed on record by the learned Public Prosecutor, it further appears that the Police Station, Agrova (Hisar) has stated no objection in granting parole to the petitioner and has also confirmed the fact that marriage of the petitioner’s daughter is to be solemnised on 22nd instant. It appears from the material placed on record that the prayer 2 for emergent parole was declined essentially for the reason that the petitioner asked for 30 days parole but according to the Rules, the Jail Superintendent could have granted 7 days’ parole and the Inspector General could have granted maximum 15 days’ parole. We are unable to appreciate the approach of the respondents in declining altogether the prayer of parole as made by the petitioner particularly when the fact stated by him about the marriage date of his daughter was not in dispute; and he had earlier availed parole without any cause of complaint; and when the concerned police station has also stated its no objection. Even if the petitioner has asked for 30 days’ parole, he could have been granted parole for lesser period as permissible by the Rules. Having regard to the circumstances of the case, this parole petition is allowed to the extent that the petitioner is ordered to be released on emergent parole for 15 days on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Jail Superintendent. A certified copy of this order be forwarded to the petitioner immediately. (C.M.TOTLA), J. (DINESH MAHESHWARI), J. mk