JUDGMENT Mr. Naresh Kumar Sanghi, J.: - Prayer in this petition is for grant of parole for two weeks to the petitioner, who was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for six years besides payment of fine of Rs.10,000/- and in default thereof to further undergo rigorous imprisonment for six months. 2. Learned counsel contends that mother of the petitioner has expired on 30.6.2014 and her Bhog Ceremony is to be performed on 11.7.2014. He further contends that in spite of presenting an application before the Superintendent of Jail, Kurukshetra, the same was not accepted by him. 3. Learned counsel for the State has produced reply by way of affidavit of Superintendent, District Jail, Kurukshetra, which is taken on record. Heard. 4. The petitioner was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for six years besides payment of fine of Rs.10,000/- and in default thereof to further undergo rigorous imprisonment for six months for retaining 13 Kgs. of poppy husk. He has already suffered incarceration for approximately eight months. During incarceration, his mother has expired on 30.6.2014 and her Bhog Ceremony is to be performed on 11.7.2014. The Superintendent, District Jail, Kurukshetra, has not entertained the application of the petitioner for release on parole on the ground that he (petitioner) had not completed one year of sentence and, as such, he was not entitled to parole. However, learned counsel for the State has very fairly conceded the factum of death of the mother of the petitioner and the Bhog Ceremony to be solemnized on 11.7.2014 at Shahabad, District Kurukshetra. Learned counsel for the State has further conceded that the petitioner is neither required nor involved in any other case. 5. In view of the totality of the facts and circumstances of the case, the present petition is allowed. It is directed that the petitioner, Om Parkash, son of Jagi Ram, resident of Subhash Nagar, Shahabad, District Kurukshetra, be released on parole for five days, i.e. from 9.7.2014 till 13.7.2014, subject to his furnishing bail bonds to the satisfaction of the learned District Magistrate, Kurukshetra. The petitioner shall surrender himself before the Superintendent, District Jail, Kurukshetra, on 14.7.2014 at 10:00 a.m. 6.
The petitioner shall surrender himself before the Superintendent, District Jail, Kurukshetra, on 14.7.2014 at 10:00 a.m. 6. A copy of this order be given to the learned counsel for the parties under the signatures of the Special Secretary of this Court. ---------0.B.S.0------------