cwp502.16 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.502 OF 2016.
PETITIONER: Suraj Narendra Darshanlal,
(Convict No.C-4657 detained
in Central Prison, Amravati.)
: VERSUS :
RESPONDENTS: 1. State of Maharashtra through Divisional
Commissioner, Amravati.
2. The Superintendent of Jail,
Central Prison, Amravati.
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Ms.S.H.Bhatia, Advocate (appointed) for the petitioner.
Mr.T.A.Mirza, Addl.Public Prosecutor for the respondents.
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CORAM: B.R.GAVAI AND
V.M.DESHPANDE, JJ.
DATED: 1st AUGUST, 2016.
ORAL JUDGMENT (Per B.R.Gavai, J.)
1. Rule. Rule is made returnable forthwith. Heard by consent of learned counsel for both the parties.
::: Uploaded on - 02/08/2016 ::: Downloaded on - 03/08/2016 00:37:21 ::: cwp502.16 22. The petitioner has approached this Court being aggrieved by the rejection of his application for grant of parole.
3. The application is rejected on following two grounds:-
(i) That, the petitioner has not produced any document on record to substantiate that his father is suffering from a serious ailment.
(ii) That, it is not clear as to where petitioner would be staying i.e. with his father or with his aunt.
4. Insofar as the first ground is concerned, the perusal of the police report itself would reveal that the statements of the relatives of the petitioner recorded by police show that the petitioner's father is suffering from a serious ailment.
5. Insofar as second ground is concerned, undisputedly, both, the petitioner's father as well as his aunt, are resident of Amravati, in any case the apprehension of the respondents can be ::: Uploaded on - 02/08/2016 ::: Downloaded on - 03/08/2016 00:37:21 ::: cwp502.16 3 taken care of by directing to the petitioner to report to the concerned Police Station.
6. In that view of the matter, impugned order is quashed and set aside. The application is allowed. The petitioner is directed to be released on parole for a period of thirty days, after following the due procedure.
7. The petitioner shall report to the Police Station Frezarpura, Amravati on every Sunday and Thursday during the period of parole.
8. Fees to be paid to the learned counsel appointed by the Legal Aid Committee to represent the petitioner is quantified at Rs.1500/-.
JUDGE JUDGE
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-CERTIFICATE-
I certify that this Order uploaded is a true and correct copy of original signed order.
Uploaded by : P.Z.Chute, Pvt.Secretary.
Uploaded on: 02/08/2016.
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