KANTILAL S/O NANDLAL JAISWAL (IN JAIL) Vs. STATE OF MAHARASHTRA, THROUGH D I G OF PRISONS, NA
HIGH COURT OF BOMBAY
Kantilal S/O Nandlal Jaiswal (In Jail)
State Of Maharashtra, Through D I G Of Prisons, Na
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R.K. Deshpande, J. -
(1.) Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the petitioner.
(2.) The petitioner has applied for grant of emergency parole for the reason that the marriage of his daughter is to be performed on 28-6-2018. It is rejected on the ground that the petitioner was lastly released on regular parole on 5-8-2017 for a period of two months and he returned to the Prison on 5-10-2017. Relying upon the amended Rule 19, brought into force by way of notification dated 16-4-2018, it is urged that the proviso below Rule 19(1) debars the petitioner from getting emergency or regular parole within a period of one year of his return to the Prison after availing the emergency or regular parole. It is further urged that the period of one year after the petitioner's last return to the Prison on 5-10-2017 has not yet expired and hence he is not entitled to emergency parole sought for the purpose of marriage of his daughter on 28-6-2018.
(3.) In our view, the proviso below Rule 19, introduced by way of notification dated 16-4-2018, shall apply to the cases where the emergency or regular parole was granted on earlier occasion after coming into force of the said notification. In the present case, this is the first occasion after coming into force of the notification. The petitioner has sought parole leave on account of marriage of his daughter. He cannot, therefore, be denied parole leave.;
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