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Judgment
R.K. Deshpande, J
Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the petitioner.
The petitioner has applied for grant of emergency parole for the reason that the marriage of his daughter is to be performed on 28Â6Â2018. It is
rejected on the ground that the petitioner was lastly released on regular parole on 5Â8Â2017 for a period of two months and he returned to the Prison
on 5Â10Â2017. Relying upon the amended Rule 19, brought into force by way of notification dated 16Â4Â2018, 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 5Â10Â2017 has not yet
expired and hence he is not entitled to emergency parole sought for the purpose of marriage of his daughter on 28Â6Â2018.
In our view, the proviso below Rule 19, introduced by way of notification dated 16Â4Â2018, 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.
In view of above, this petition is allowed. The order impugned dated 15Â6Â2018 passed by the respondent No.1 refusing to grant parole leave to
the petitioner, is hereby quashed and set aside. The petitioner shall be released forthwith on emergency parole for the purpose of marriage of his
daughter, scheduled to be held on 28Â6Â2018, for a period of fourteen days after necessary compliance. The petitioner shall abide by all such
conditions as may be imposed by the authorities concerned.
Rule is absolute in the aforesaid terms. No order as to costs.
Steno copy of this judgment be furnished to the learned counsels for the parties to act upon.