SHAMBHU DAYAL Vs. STATE AND ORS.

JUDGEMENT

(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 Sec. 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: