1 wp1413-11.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1413 OF 2011 Ambadas Sampat Zombade .. Petitioner Vs. The State of Maharashtra and Anr. .. Respondents Mr.R.D.Bindra for the petitioner Mr.S.A.Shaikh, A.G.P. for the State Mr.D.R.Sorate, Jailor, Yerwada Jail Pune (Present) CORAM: K.K.TATED & U.D.SALVI, JJ. VACATION COURT DATE: 18th MAY, 2011 PC: 1. Heard. 2. Perused. 3. Rule. Rule made returnable forthwith by consent of the parties. 4. The petitioner who is undergoing imprisonment for life in the Yerwada Central Prison is seeking directions for his 2 wp1413-11.doc release on parole for a period of two weeks w.e.f. 18.05.2011. 5. The reason given for the parole is the marriage in the family i.e. of his daughter on 22.5.11. It is in this regard that the petitioner contends that he had moved an application dt.8.4.11 to the respondent no.2 and there had been no official response to the said application. 6. The parole is granted in cases of emergency. Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959 reads as under: 19. When a prisoner may be released on “ parole:- A prisoner may be released on parole for such period not exceeding thirty days at a time, as the Competent Authority referred to in rule 18, in its discretion may order, in cases of serious illness, or death of nearest relatives such as mother, father, sister, brother, children, spouse of the prisoner, or in case of natural calamity such as house collapse, floods, fire. No such parole or extension of parole shall be granted without obtaining a police report in all cases except in the case of death of his nearest relatives mentioned above: Provided that a prisoner shall not be released on parole for one year after expiry of his last parole except in case of death of his nearest relatives mentioned above.” 7. The Prisons (Bombay Furlough and Parole) Rules, 1959 3 wp1413-11.doc spells out the contingencies which qualify the prisoner for getting his release on parole. The learned advocate for the petitioner cited judgment in the case of Vasanta Bhedruji Khangar v. State of Maharashtra, through PSO and another reported in 2004(1) Bom. C.R. (Cri.) 430 in order to support the submission that the purpose of Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959 is to afford an opportunity to the Prisoner to meet his relatives and to take part in not only in the moment of sorrow, illness or death but also in the moment of joy such as occasion of marriage of his daughter or sister. 8. In the instant case, one such contingency which calls for release of the prisoner on parole has arisen. The State has not pointed out any misuse of the liberties granted to the petitioner previously by way of furlough/parole. The petitioner is therefore, justified in getting his release on parole. However, considering the material before us three days parole would be sufficient to answer to the occasion. 9. Consequently, the petition is allowed. Respondents are directed to release the petitioner on parole from 21.05.2011 4 wp1413-11.doc to 23.05.2011 on furnishing solvent surety of Rs.5,000/- with further directions that after expiry of period of parole, petitioner shall be put back to the prison. In case of default, prison authorities should apprehend him and bring him back to the prison. 10. Petition thus stands disposed of. 11. Rule is made absolute in above terms. 12. Mr.D.R.Sorate, Jailor of Yerwada Central Prison who is present before the court to act upon this order. (K.K.TATED,J.) (U.D.SALVI, J.)