Ajay Rastogi, J. - (1.) Instant petition has been filed seeking emergent parole under Rule 10-A of the Rajasthan Prisoners Release On Parole Rules, 1958 on the premise that the marriage of daughter of the petitioner is going to solemnized on 16/05/2010 at Samuhik Vivash Sammelan of Mali Samaj at Barkheda Kota.
(2.) Petitioner is serving 10 years' RI in Central Jail, Kota on being convicted by learned Special Judge (NDPS Cases) cum Addl. Sess. Judge No.2, Kota vide judgment dt. 24/11/2008 in Special Sess. Case No.18/2006 for offences Under Section 8/20 of NDPS Act - against which he preferred Cr.Appeal-145/2009- pending before the High Court. As alleged in the petition, petitioner has served more than 3 years and nine months of imprisonment without remission and is eligible to apply for parole but is seeking emergent parole on the ground of marriage of his daughter being solemnized on 16/05/2010 and has thus rushed to this Court by way of instant petition. Notices were issued to the respondents on 07/05/2010. Along with reply, learned Public Prosecutor has submitted report of Superintendent of police, Kota (Rural) dt. 06/05/2010 (Ann.R/2) wherein this fact has been verified that marriage of accused-petitioner's daughter is going to be solemnized on 16/05/2010 at Barkheda (Kota).
(3.) R.10-A of Rules, 1958 being relevant is reproduced ad infra: "10-A.(i) Notwithstanding the provisions of rules 3,4,5, 9 and 10, in emergent cases, involving humanitarian consideration viz. (1) critical condition of account of illness of any close relations i.e. Father, mother, wife, husband, children, brother or unmarried sister; (2) death of any such close relation; and (3) serious damage to life or property from any natural calamity; (4) marriage of a prisoner, his/her son or daughter or his her brothers/sisters in case his/ her parents are not alive. A prisoner may be released on parole for a period not exceeding 7 days by the Superintendent of the Jail and for a period not exceeding 15 days by the Inspector General of Prisons, District Magistrate on such terms and conditions as they may, consider necessary to impose for the security of the prisoner including a guarantee for his return to the jail, acceptance or execution whereof would be a condition precedent to the release of such a prisoner on parole." R.10A provides that for emergent parole prisoners can be released for a period not exceeding 7 days by the Jail Superintendent and for a period not exceeding 15 days by the Inspector General Prisons on the terms and conditions as may be considered necessary to impose for the security of the prisoner including a guarantee for his return to the jail. In the instant case, since this fact has been verified by Superintendent of Police, Kota about marriage of daughter of the petitioner being solemnised on 16/05/2010, this Court considers it appropriate to grant emergent parole to the petitioner U/r 10A of Rules, 1958 for Fifteen days.;