jdk 1 15.crwp.2989.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2989 OF 2017
Ravi Taru Rathod ]
Presently lodged at Kolhapur ]
Central Prison, Kalamba, as ]
Prisoner No. 6197 ].. Petitioner
Vs.
The State of Maharashtra ]
and its functionaries like ]
(1) Divisional Commissioner, Pune ]
Division, Pune -1 ]
(2) Section Officer of Home Deptt. ]
Maharashtra State, Priosn-3 ].. Respondents
....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mr. Arfan Sait A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
DR.SHALINI PHANSALKAR-JOSHI, JJ.
DATED : AUGUST 24, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]: 1 Heard both sides. 2 The petitioner preferred an application for parole on the ground of illness of his wife. The said application was
rejected by order dated 16.1.2017. Being aggrieved thereby, 1 of 2 ::: Uploaded on - 28/08/2017 ::: Downloaded on - 28/08/2017 15:36:21 ::: jdk 2 15.crwp.2989.17.j.doc the petitioner preferred an appeal. The said appeal was dismissed by order dated 29.4.2017, hence, this petition. 3 The application for parole came to be rejected in view of Rule 4(13) of the Prisons (Bombay Furlough and Parole) Rules, 1959. The said Rule states that prisoners convicted for the offence such as dacoity, shall not be granted furlough. In Notification dated 26.8.2016 it is stated that the same Rules would apply to parole as are applicable to the cases of furlough. The petitioner has been convicted for the offence of dacoity i.e. under Section 396 of IPC, hence, we cannot find fault with the authorities for rejecting the application for parole, hence, Rule is discharged. Petition is dismissed. [DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J.] kandarkar 2 of 2 ::: Uploaded on - 28/08/2017 ::: Downloaded on - 28/08/2017 15:36:21 :::