VALJIBHAI BECHARBHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. R. P. Solanki, the learned A.P.P. waives service of the rule. Heard the learned Advocates. 1. Petitioner-Valjibhai Becharbhai Koli, who happens to be cousin brother of the prisoner-Shamji Chanabhai, has by this petition under Arts. 226 and 227 of the Constitution of India, moved this Court challenging the impugned order dated 27-1-1993 passed by the District Magistrate, Jamnagar, whereby an application to release the prisoner on parole for 40 days on the ground of marriage of his younger brother - Pravin Chanabhai came to be rejected. The petitioner has also prayed for two reliefs, viz., (i) to quash and set aside the impugned order; and (ii) to grant parole leave to the prisoner as prayed for. In support of this prayer for parole petitioner has also produced 'Kankotri' - marriage invitation card on the record.

(2.) Mr. M. D. Raval, learned Advocate appearing for the petitioner while challenging the impugned order submitted that the District Magistrate has committed serious and an obvious error in rejecting the parole leave application on the queer reasoning that the ground of marriage applied in support of the said application was not proper. Making good this submission, Mr. Raval, further invited our attention to the Remark-sheet issued by the Jail Authorities which was earlier produced on record in Special Criminal Application No. 1580 of 1992 for the purposes of establishing clean conduct record of the prisoner. On perusal of the same, it appears that by this time, prisoner in all has enjoyed parole leave for 65 days and furlough leave once. Mr. Raval further submitted that neither in Jail nor when prisoner was released on parole and furlough leave, any untoward incident has taken place resulting into breach of Jail discipline or breach of peace outside. Not only that but the prisoner has all the time surrendered to the Jail Authorities in time On the basis of the aforesaid record of the prisoner. Mr. Raval finally urged that looking to the satisfactory law-abiding conduct of the prisoner inside as well as outside the Jail, the District Magistrate ought to have released prisoner on parole leave to celebrate the marriage ceremony of his real younger brother-

(3.) Mr. R, P. Solanki, the learned A P.P. appearing for the respondents has not been able to controvert the above submissions of Mr. Raval which is supported by the Jail record itself.