Bombay High Court

SIDHHESH RAJU ISTEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

Parole may be granted for the petitioner’s marriage on humanitarian grounds despite the lack of a specific statutory provision.

Summary

The petitioner, Sidhhesh Raju Iste, who is incarcerated, filed a criminal writ petition seeking to quash the refusal of parole leave for his own marriage. He relied on an earlier order (Criminal Writ Petition No. 794 of 2026) where the Court had granted parole on humanitarian grounds despite the absence of a specific statutory provision. Respondent No.2, the prison authority, denied the new request, prompting the petitioner to seek relief. The Court examined whether parole could be granted for a personal marriage ceremony in the absence of a statutory basis and considered the precedent set by its own earlier order. Concluding that humanitarian considerations justified the parole, the Court directed the jail authorities to release the petitioner on a Rs.50,000 bond with specific attendance conditions, and ordered the petition disposed.

Issues considered

Whether parole can be granted for the petitioner’s own marriage in the absence of a specific statutory provision
Whether the earlier order granting parole on humanitarian grounds binds the authorities to grant subsequent parole

Subjects

parole
marriage
humanitarian grounds
criminal writ petition
prison authority
release on bond

Judgment

2026:BHC-AUG:38646-DB

1 972 CRIMINAL WRIT PETITION NO. 1247 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

972 CRIMINAL WRIT PETITION NO. 1247 OF 2026

SIDHHESH RAJU ISTE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS
…..
Adv. Rupesh Anil Jaiswal, Advocate for the Petitioner
Adv. N. B. Patil, APP for Respondents-State
…..

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

DATED : 27/08/2026
Per Court:

. Heard.

2. Leave to carryout the amendment in respect of additional

prayer of challenging the order dated 12.08.2026, whereby

respondent No. 2 has refused to grant parole leave to the petitioner

for performing his own marriage.

3. Heard rival submissions. By way of this petition the petitioner

is seeking quashment of the aforesaid order whereby parole leave of

the petitioner for his own marriage is rejected by respondent No.2.
2 972 CRIMINAL WRIT PETITION NO. 1247 OF 2026

4. The learned counsel for petitioner placed on record order

dated 10.06.2026 in Criminal Writ Petition No. 794 of 2026 passed

by this Court, wherein this Court despite absence of any provision,

had granted parole leave to the petitioner for performing his own

marriage on humanitarian ground. In the present case also the

marriage of the petitioner is to be performed on tomorrow i.e.

28.08.2026 and the main function of marriage ceremony is on

30.08.2026.

5. The learned AGP although opposed the application strongly

by filing affidavit in reply on the ground that, there is no such

provision in the law for grant of such parole leave for own marriage

of petitioner and the provision of appeal is also their which is not

availed by the petitioner, however, the present matter is covered by

earlier order of this Court dated 10.06.2026, as mentioned above

and therefore we deem it appropriate to grant the petitioner parole

leave of two weeks from the date of his release i.e. today from

27.08.2026. The concerned jail authorities are directed to release

the petitioner on executing his P.R. Bond of Rs.50,000/-. Petitioner

shall give the concerned jailer detailed address where he has

proposed to stay during the period of aforesaid parole leave.

Additionally, the petitioner shall mark his attendance in Panchavati
3 972 CRIMINAL WRIT PETITION NO. 1247 OF 2026

Police Station, Nashik 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. 30.08.2026. After completion of parole leave from

today, the petitioner shall surrender himself back to the prison on

11.09.2026 at 5:00 p.m. to undergo the sentence imposed upon

him.

6. With these directions, the petition stands disposed of.

7. The parties are directed to rely upon the authenticated copy

of this order.

( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )

shivani/

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