Petitioner in criminal custody filed writ petition seeking emergent parole for 30 days to attend his daughter's marriage scheduled on 22.12.2019, which was verified by local authorities.
Emergent parole granted for 30 days upon furnishing personal bond of Rs. 50,000 with two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 783/2019
Gajanand S/o Shri Hathiram Behara B/c Harijan, R/o Tulsipali Ps Junagarh Dist. Kalhandi Orissa (At Present Confined In Central Jail No 3 Tihar New Delhi) Through His Brother Goverdhan Behara S/o Hathi Ram Behara Aged About 36 Years R/o Tulsipali Ps Junagarh Dist. Kalahandi Orrisa
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. S.S. Ola, PP
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
06/12/2019
Instant criminal writ petition (parole) has been filed by the petitioner for releasing him on emergent parole on account of marriage of his daughter, which is going to be solemnized on 22.12.2019.
Counsel for the petitioner submits that the petitioner is in judicial custody since 13.09.2017 and marriage ceremony of his daughter namely Smt. Pallavi is going to be solemnized on 22.12.2019, therefore, the presence of the accused-petitioner is necessary in the marriage of his daughter. Counsel further prayed that the accused-petitioner be granted interim emergent parole for a period of 30 days.
(2 of 2)
[CRLW-783/2019]
Counsel for the State has filed the reply and learned Public Prosecutor has opposed the petition. In the present matter, it may be pointed out that the factum of the marriage of daughter of the accused-petitioner has been verified by the Office of InspectorIncharge, Junagarh, Distt. Kalhandi, Orissa and it is categorically stated that the marriage of daughter of the accused-petitioner is fixed for 22.12.2019. The said report is submitted by the State along with its reply.
Keeping in view the facts and circumstances of the present case and also the factum of marriage of his daughter of accusedpetitioner, which has been duly verified by the SHO concerned, the criminal misc. petition is allowed. The accused-petitioner Gajanand S/o Shri Hathiram Behara be released on emergent parole for a period of 30 days from the date of his release on his furnishing personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of the concerned Court/Jail Authorities with the stipulation to surrender before the concerned Jail Authorities after expiry of the period of emergent parole.
(INDERJEET SINGH),J
Upendra/49
1 issue framed by the court
Whether the petitioner entitled to emergent parole for his daughter's marriage.
Gajanand S/o Shri Hathiram Behara
State Of Rajasthan
Distt. Magistrate Kota
Superintendent Tihar Jail
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
