K. R. VYAS, J. ( 1 ) PETITIONER Pravinkant Thakar by this Misc. Criminal Application has moved this Court praying for releasing his son Rakesh on temporary bail for few days to enable him to attend the marriage of his eldest son Prakash P. Thakar which is to lake place on 19-2-1994 at Ahmedabad. In support of this petitioner has produced at Annexure A the marriage invitation card. ( 2 ) IT is the case of petitioner that he is serving in Shree Vadilal Sarabhai Hospital at Ahmedabad as a Laboratory Technician and hails from a respectable middle class Brahmin family and that his family has no criminal antecedents. According to the petitioner as the misfortune would have been on 12. 3. 1988 at about 12. 30 hours his son Rakesh was allegedly found in possession of opium weighing 4. 300 grams from the dicky of the scooter bearing No. GRL-7495 belonging to one Dilipbhai Dinubhai Patel. On the basis of the said allegation he was arrested and a complaint was filed against him for the alleged offences punishable under Sections 18 and 21 of Narcotic Drugs and Psychotrophic Substances Act 1985 [for shortnarcotics Act]. On completion of the investigation he was chargesheeted to stand trial before the learned City Sessions Court Ahmedabad where at the end of trial by a judgment and order dated 30. 6. 1992 he was convicted and sentenced to rigorous imprisonment for 10 years and to pay fine of Rs. 1 lac etc. etc. and since then for last about two years he is languishing in jail. It is further the case of petitioner that pending trial Rakesh has filed one Misc. Criminal Application bearing No. 1025/88 before this Court praying for bail which was granted by Honble Mr. Justice J. P. Desai as he then was by an order dated 12-5-1988. Thereafter till he came to be convicted and sentenced on 30 as stated above he was at large for about 4 years and during the said period he has not committed any offence meaning thereby not abused his liberty and the faith put in him by this Court. According to the petitioner when his Brand mother Kamlaben Becharbhai expired on 8. According to the petitioner when his Brand mother Kamlaben Becharbhai expired on 8. 7 though as per his caste-customs presence of each and every family member was very much necessary to attend the final religious rites of the departed soul still however he did not apply for the temporary release of his son Rakesh. However according to the petitioner this time since the marriage of his eldest son Prakash is to take place on 19-2- 1991 which is first auspicious occasion in his family he has filed the present application to show mercy on his family by releasing Rakesh on temporary bail for few days so that he can attend marriage ceremony and as a result he and his wife ie. mother of the convict-Rakesh have satisfaction of seeing her younger son not left out on the occasion. Petitioner on the basis of these facts finally urged that Rakesh be released on temporary bail for few days on any reasonable terms and conditions as he personally undertakes before this Court that he will not abuse liberty and leniency be shown to him by this Court. ( 3 ) ORDINARILY any person when he is either alleged of having committed serious offence under Sections 18 and 21 of the Narcotics Act or he is convicted and undergoing RI for 10 years for the same cannot expect himself to be released even on temporary bail in view of extreme gravity and seriousness of the narcotic offences more particularly in view of Sections 32-A and 37 of the said Act. In fact is very likely that any haste in exercising mercy jurisdiction in releasing accused/convict prisoner the Court may unwittingly become instrument in bringing about the course situation to the society and therefore it is better to be mercyless to the accused/convict prisoner in order to remain merciful to the Society Still however taking into consideration special facts and circumstances of the present case such as (I) age of the accused at the relevant point of time when the alleged incident look place was only 16 1/2 years[ii] that uring the pendency of the trial when he came to be released on bail by this Court and was at large for as many as 4 years he has not abused his liberty by committing the same or similar type of offence/s[iii] that on order of conviction and sentence coming to be passed against him he has surrendered himself to the jail authorities immediately[iv] that he is hailing from respectable middle class family which has otherwise no criminal antecedents[v] that for the alleged offences he having been already convicted and sentenced to undergo RI for 10 years and fine of Rs. 1 lac etc. etc. and if he repeats the same offence and ultimately is convicted he would be visited with still more deterrent punishments prescribed u/s. 31 and 31-A of the Act; including sentence of death it would indeed be quite reasonable to infer that he will not dare repeat the same offence once again if he is released on bail. [vi] that further in the course of last two years Rakesh having undergone rigorous imprisonment must have also realised that the life of crime is not a fruitful adventure. [vii]. That the present application does not appear to be a ruse to get released on bail to once again carry out illegal activities of drug trafficking. [viii] Nor from the background of the prisoner - Rakesh and his family it appears that he was likely to jump the bail this Court is prima facie quite satisfied and accordingly has reasons to believe that if Rakesh is released on temporary bail for few days he was not likely either to commit the same or similar offence/s or jump the bail. These are indeed special impelling circumstances which have strongly commanded our discretion to be exercised in favour of convict prisoner-Rakesh. These are indeed special impelling circumstances which have strongly commanded our discretion to be exercised in favour of convict prisoner-Rakesh. We feel that merely because Rakesh is undergoing sentence under the Narcotics Act that by itself should not mechanically proad us to reject his bail application.- once a while on special occassion when special case is made out to satisfy the court that he will neither abuse his liberty nor repeat the same or similar type of offence or jump the bail. It appears that because of immature irresponsible slippary young age Rakesh appears to have been influenced and lured away by undesirable company of some anti-socials. Accordingly if such misguided youth for the first and the only lapse of life if once a while released on temporary bail- not as a mercy to him but as a mercy to his parents who would obviously miss his presence on such an occasion there is nothing wrong in it. ( 4 ) IT may incidentally be clarified that in such a serious matters when bail application is filed ordinarily in the overall interest of justice we adjourn the matter by making rule returnable fixing the date for final hearing so as to enable the learned APP to verify the fact whether the ground on which bail is sought was true and genuine one or not and/or he was likely to abscond under the pretext of temporary bail. However in the instant case since the marriage is fixed on 19-2-1994 and further still Mr. Vivek Barot the learned advocate for the appellant Rakesh has made a statement at bar vouch-safing about the truthfulness and genuineness of the marriage of Prakash and the family antecedents of the petitioner we decide this application today only as we have indeed no reason to doubt his statement. ( 5 ) IN view of the aforesaid discussions bearing in mind the special facts and circumstances of the case it appears to us that Rakesh deserves to be released on temporary bail. ( 6 ) IN the result this petition is allowed. Rakesh Pravinkant Thakar is ordered to be released on temporary bail from 18-2-1994 morning till 1. 3 on which day before 6-00 p. m. he will surrender to the jail authorities. It is clarified that on the petitioner - Pravinkant S. Thakar depositing sum of Rs. ( 6 ) IN the result this petition is allowed. Rakesh Pravinkant Thakar is ordered to be released on temporary bail from 18-2-1994 morning till 1. 3 on which day before 6-00 p. m. he will surrender to the jail authorities. It is clarified that on the petitioner - Pravinkant S. Thakar depositing sum of Rs. 10 0 in cash before the Registrar of this Court tomorrow ie. 17 1994 a receipt will be issued to him and on the basis-of the same being produced and shown before the jail authorities the jail authorities shall at once release Rakesh as ordered hereinabove. We make it clear that in the event of the abuse of the liberty the aforesaid sum of Rs. 10 0 shall stand forfeited onwards. The amount of Rs. 10 0 so deposited shall immediately be returned to the petitioner on Rakesh surrendering to the jail authorities in time and producing a certificate of the jail authorities to that effect. Rule made absolute. Direct service permitted. Petition Allowed.