AMOL PURUSHOTTAM YUWANATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) The petitioner is a life convict. According to the petitioner the marriage of his sister Sonali is to be solemnized on 30.4.2008 and on this ground he applied for parole.

(3.) Respondent no.1 rejected the application made by the petitioner for parole on the ground that there is no provision under the Prison (Bombay Parole & Furlough) Rules 1959 for grant of parole on the ground of marriage of a relative. The impugned order does not disclose that the reason put forth by the petitioner is not correct. It also does not show that the said reason is not sufficient. It is thus apparent that respondent no.1 has not taken into consideration the amendment to Rule 19 of those Rules amended by notification dated 7.2.2007, which specifically provides that a prisoner may be released on parole for any sufficient cause. It is apparent that respondent no.1 has not applied its mind to the facts of the present case and has failed to exercise the jurisdiction vested in it. As such, the impugned order cannot be sustained and it will have to be quashed and set aside. We, therefore, pass the following order:-