Prakash Yashwant Sarwade v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 794 OF 2026 PRAKASH YASHWANT SARWADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mrs. Sharda Chate, Advocate for the petitioner. Mr. S.B. Jadhav, A.P.P. for respondents-State. ...

CORAM : SANDIPKUMAR C. MORE AND VAISHALI PATIL-JADHAV, JJ.

DATED : 10 JUNE 2026.

Per Court :

1.

Heard rival submissions.

2.

By way of this petition, the petitioner is seeking quashment of the orders dated 26.05.2026 and 04.06.2026 issued by respondent Nos.3 and 4, whereby parole leave of the petitioner for his own marriage, has been rejected. 3.

Admittedly, report of the Police Commissioner of Chhatrapati Sambhajinagar for releasing the petitioner on parole leave for his own marriage, is positive and as per the said report, there was no objection for releasing the petitioner by imposing certain conditions mentioned therein. However, respondent Nos.3 and 4 refused to release the petitioner on

(2) parole for his own marriage mainly on the ground that there is no rule available for grant of parole for own marriage of convict.

4.

Learned counsel for the petitioner relied upon the orders of this Court dated 15.09.2023 in Criminal Writ Petition No.1315 of 2023 and 18.12.2023 in Criminal Writ Petition No.1802 of 2023 wherein the then petitioners were granted with parole leave for their own marriages.

5.

The present petitioner's marriage is scheduled on 17.06.2026 at Sanjaynagar, Mukundwadi, Taluka and District Chhatrapati Sambhajinagar and copy of marriage invitation card is also placed on record. Therefore, considering the aforementioned earlier orders of this Court, we are of the opinion that even though there is no provision of grant of such parole leave for own marriage, but the petitioner can be granted with parole leave to perform his own marriage on humanitarian ground.

6.

In view of above, we deem it appropriate to grant the petitioner parole leave of 10 days from the date of his release i.e. from 12.06.2026. The concerned Jail Authority is directed

(3) to release the petitioner on executing P.R. Bond of Rs.50,000/-. Petitioner shall give the concerned Jailer detailed address where he proposed to stay during the period of aforesaid parole leave. Additionally, the petitioner shall mark his attendance in Mukundwadi Police Station on every alternate days during the period of parole in between 10.00 a.m. and 11.00 a.m. excluding the day of his marriage i.e. 17.06.2026. After completion of parole leave of 10 days from 12.06.2026, the petitioner shall surrender himself back to the jail to undergo the sentence imposed upon him. 7.

With these directions, writ petition stands disposed of. 8.

The parties are directed to rely upon the authenticated copy of this order.

(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE) JUDGE JUDGE VD_Dhirde