K. J. VAIDYA, J. ( 1 ) RULE. Mr. S. T. Mehta, learned A. P. P. waives service of rule on behalf of the respondent. Bhurabhai Giganbhai, claiming himself to be a friend and relative of the convict-prisoner Bhupatbhai Devayatbhai, at present undergoing life imprisonment in the Central Prison, Sabarmati, Ahmedabad, by presenting this application under sec. 389 of the Code of Criminal Procedure, 1973, in person, has moved this Court, inter alia praying for getting released the said prisoner on the temporary bail for period of 15 days on the ground of marriage of his daughter and son. In support of this ground the petitioner has also annexed the copy of the Marriage Invitation card wherein while giving a Schedule of certain sacred ceremonies it has been stated that (i) "mandap Muhrat" is on 24-1-1996 at 9-00 a. m. , (ii) departure of "jan" i. e. marriage - party is in early morning of 25-1-1996 and (iii) the marriage itself is to take place on the same day at 10-00 a. m. This Schedule is for the marriage of Arjan, son of the convict- prisoner. So far as the marriage of his daughter Rabhi is concerned, the same is scheduled to take place as on 26-1-1996 at 9-30 a. m. that is to say to-morrow only. ( 2 ) NOW in the matter of temporary bail more particularly in cases wherein the prisoner is undergoing life imprisonment, ordinarily unless some indispensable ground is made out the same is not granted on mere asking. The reason is punishment is after all a punishment for an offence and accordingly the same is required to be strictly enforced in its rigour and undergone, else it loses all its sanction, credibility and significance behind it. This indeed has been rightly relaxed by the State Government where at a stipulated interval the prisoners are availed of furlough leave for 14 days subject to certain conditions where his such release is not likely to result prejudicial to the overall public interest. This could also be slightly relaxed in cases of serious sickness either of the convict- prisoner himself or his nearest kith and kin and in the later case also if and only if there is none in the family to actively attend and but for the presence and attendance of the convictprisoner, ailing person would suffer a serious set-back.
This could also be slightly relaxed in cases of serious sickness either of the convict- prisoner himself or his nearest kith and kin and in the later case also if and only if there is none in the family to actively attend and but for the presence and attendance of the convictprisoner, ailing person would suffer a serious set-back. Such temporary bail may also be granted on some other indispensable humanitarian ground/s and other relevant consideration also, like the death of close family members etc. Here also, even in case if any indispensable ground to release prisoner is made out then even before such a prisoner is so released on temporary bail or parole the concerned authority entertaining such an application is duty-bound to take into consideration his criminal antecedents if any and jail records to further ensure the safety and security of the public interest. ( 3 ) FURTHER, to release the convict-prisoner on temporary bail on the ground of his personal serious sickness (where the treatment given in Government hospital is not adequate and satisfactory and that the case is made out of treatment to be given by the private doctor of his choice outside the jail) and to attend ailing family member etc. is quite one thing deserving utmost human consideration, however, as against this to release him on the ground of attending the marriage in family is altogether quite different and distinct thing. The reason is merely because the temporary bail for the purposes of attending the marriage of relatives is denied, that will not and cannot create a situation, whereby no marriage can ever take place at all. Accordingly, therefore, for the enjoyment purpose punishment awarded by the Court cannot be relaxed, suspended as enjoyment of marriage in family cannot come within the purview of humanitarian ground. To release even on temporary bail any prisoner to enjoy marriage of the relative cannot be said to be indispensable ground at all except the cases wherein the prisoner who is father and on demise of the father he is in place of father seeking permission to get married his daughter/ sister as the case may be.
To release even on temporary bail any prisoner to enjoy marriage of the relative cannot be said to be indispensable ground at all except the cases wherein the prisoner who is father and on demise of the father he is in place of father seeking permission to get married his daughter/ sister as the case may be. We have already taken a view that to give "kanyadan" that is to say get married the daughter is indeed a matter of special privilege for parents the same being in nature of discharging the religious/social obligation which every parents with great hope and expectation awaits from long to perform. Accordingly, if there is indeed nothing adverse against the convict-prisoner either by way of any criminal antecedent or any other grievances disentitling him to be so released on the temporary bail, then in that case we do grant temporary bail for few days. ( 4 ) TURNING to the facts and circumstances of the instant case, despite the fact that the convict-prisoner is entitled to be released on temporary bail for getting married his daughter, we are simply unable to help him out as unfortunately the petitioner has come before us at such last nick of moment when the marriage of his daughter is to take place tomorrow only on 26-1-1996. Thus, despite all sympathy for the convict-prisoner to make him available the benefit of getting released on such occasion of the marriage of daughter, we are indeed quite helpless in helping him out to get released on temporary bail. The reason is such an instant sympathy for the prisoner by itself cannot be permitted to blur our judicial vision, discretion in dispensing with the most important necessity and duty of calling for report from the police authority, jail record and also verification of the marriage invitation card as to whether the same is true and genuine or it is fabricated one used just as ruse to get temporary bail on false pretext. To ignore all these vital aspects sometimes could prove to be too costly to sacrifice overall concern for the safety of the society to which no responsible Court could ever dream to be a party even to take such risk. In such cases of temporary bail application or parole leave the necessary inquiry and verification report by the State is indeed a must.
In such cases of temporary bail application or parole leave the necessary inquiry and verification report by the State is indeed a must. This is obviously little time consuming and accordingly the State must also be given some reasonable time for the verification of grounds on which the temporary bail is prayed for and also call for the jail and police report. On mere assertions of the petitioner, to grant temporary bail, can prove to be quite hazardous and disastrous for the court as anything unfortunate in absence of proper verification by law and order maintaining authority could happen. And indeed by chance if some such things happen the Court would be placed in quite an embarrassing and self-pitying situation, perhaps not in a position to pardon itself. Accordingly, with a view to see that in future in some such genuine case of the marriage of daughter a convict-prisoner is not denied his right and privilege of performing sacred duty, we make it clear that henceforth whenever any convict-prisoner or for that purpose even his friend or relative desires to apply the Court for the temporary bail, atleast 15 days advance notice should be given to the State Government so as to have a reasonable opportunity to enable its authorities to verify the truthfulness and genuineness of the marriage invitation card as well as regards the criminal antecedent, likelihood of breach of peace, danger to the life of the convict-prisoner himself, society etc. etc. in case of his release. This fifteen days time-limit in appropriate cases can be relaxed in the discretion of the concerned Court. ( 5 ) IN the instant case, as stated above, we have been indeed left with no time to verify the truthfulness and genuineness of the marriage invitation card and check out the necessary checklist of norms for deciding such temporary bail application. Accordingly, we are quite sorry being unable to help the convict-prisoner. May be his case is genuine, but we have refused to take any risk with the overall social security in our mind.
Accordingly, we are quite sorry being unable to help the convict-prisoner. May be his case is genuine, but we have refused to take any risk with the overall social security in our mind. With a view to see that in future in some such genuine good deserving cases like the present one, the father who is undergoing life imprisonment is not denied temporary bail to perform the marriage of his daughter, the Jail authorities are hereby specifically directed to notify on the JAIL NOTICE BOARD : (i) that any person intending to move the Court for temporary bail or parole on the ground of marriage of his/her daughter or for that purpose on any other indispensable grounds he shall move concerned Court atleast in advance before 15 days; (ii) when so moved from the jail its authorities in their turn shall also furnish along with temporary bail application, (a) the jail remark-sheet and; (b) brief background of the case of the convict-prisoner; and (iii) for this purpose the jail authorities shall also simultaneously, ask the concerned authorities to verify the truthfulness and genuineness of the Marriage Invitation Card or for that purpose even medical certificate issued by the Doctor by sending a wireless message without waiting for the Courts order in this regard and on receipt of the same, shall place it before the concerned Court on or before the next returnable date. This is directed with a view to save the precious time of the Court and for that purpose even the convenience of the convict-prisoner also. These directions shall be carried out immediately in each and every jail of the State without any exception. Not only that, but reference regarding this be also made in jail Margdarshika a small booklet for the purpose. The compliance of this order shall be reported back on or before 31st July, 1996. The Registry is accordingly directed to forward copy of this judgment to : (i) the Secretary, Home Department, Sachivalaya, Gandhinagar and; (ii) Inspector General of Prisons, Ahmedabad who shall carry out the directions given above in para 5, by immediately issuing the necessary circulars in this regard to all Jail Superintendents of the State. ( 6 ) IN the result, the petition fails and the same is dismissed. .