JUDGMENT :

1. This petition is filed under Article 226 read with Article 14 and 21 of the constitution of India by the wife of the convict seeking release of the convict on parole leave for a period of 60 days or for appropriate days from the date of release on any terms and conditions which may be imposed by this Court. The petitioner has also prayed for direction to keep in abeyance the notification issued by the State Government under Section 268 of Cr.P.C. in case of the petitioner during the period of parole leave.

2. The brief facts which has emerged on record are summarised as under:

2.1.The petitioner has been convicted in the offence punishable under Section 143, 147, 148, 302, 307, 323, 324, 325, 326, 322, 395, 397, 435, 186, 188 read with Section 120(B), 149, 153(A) of IPC as well as under Section 141, 150, 151 and 152 of Indian Railways Act and Section 3 and 5 of Prevention of Damage to the Public Property Act and under Section 135(1) of Bombay Police Act in respect of FIR bearing I-CR No. 9 of 2002 registered with Godhara Police Station, Panchmahal. The petitioner was convicted and awarded life imprisonment by the learned Additional Sessions Judge, Godhara in Criminal Case No. 71 of 2009 by order dated 01.03.2011. The petitioner had approached this Court in appeal which was registered as Criminal Appeal No. 557 of 2011. The aforesaid appeal came to be dismissed vide judgement dated 09.10.2017 confirming the order of conviction and sentence of life imprisonment. Being aggrieved and dissatisfied, the petitioner has approached the Hon’ble Apex Court by way of Special Leave Petition on 02.04.2018. Pending the aforesaid appeal, the petitioner has applied for bail which is pending consideration before the Hon’ble Apex Court.

3. In background of this facts, the petitioner has approached this Court pending the appeal as well as bail application before the Hon'ble Supreme Court, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India seeking parole leave on the ground that the son and daughters of his two sisters are getting married on 16.07.2023. The petitioner being maternal uncle of both bride and the groom and in absence of the father of the petitioner, the presence of the petitioner is required. In support of such averments, the marriage invitation card has been placed on record. It is contended before this Court that the petitioner was released on various occasions on parole leave by this Court and he has surrendered in time before the jail authority without any untoward incident being reported. It is further contended that the jail conduct of the petitioner is good. Hence, it is urged to consider the present application for parole leave.

4. Considering the grounds raised in the petition, this Court by order dated 27.06.2023 had directed the learned APP who had appeared on advance copy to place on record the verification report. Ms. Monali Bhatt, learned APP had appeared on behalf of the respondent-State. On the next date of hearing, the verification report submitted by the concerned police station was placed for consideration of this Court. The fact of marriage being scheduled in the family has been confirmed. Along with the verification report, learned APP has placed on record the jail remarks. From the jail remarks, it had transpired that the co-accused in the same offence have been enlarged on bail by the Hon’ble Supreme Court by order dated 26.04.2023. Upon inquiry from the learned advocate of the petitioner, it was submitted by the learned advocate that the application for bail has been moved by the present petitioner which is pending consideration before the Hon’ble Apex Court. The pendency of appeal before the Hon’ble Apex Court has been disclosed by the learned advocate for the petitioner. In absence of any reference of the aforesaid facts in the jail remarks, this Court had called upon the learned APP to confirm the aforesaid fact. This had further led to the issue of maintainabil