1 wp996.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 996 OF 2017
Pappu s/o Gajanan Zade,
Convict No. -9940,
Central Prison, Nagpur ...... PETITIONER
...VERSUS...
1. State of Maharashtra,
through Divisional Commissioner,
Nagpur Division, Nagpur.
2. The Superintendent of Prison,
Central Prison, Nagpur....... RESPONDENTS
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Shri N.H.Samundre, Advocate for Petitioner
Shri M.K.Pathan, APP for Respondents
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 5 DECEMBER, 2017 .
JUDGMENT (P.C.)
Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] The challenge in this petition is to the order dated 06.09.2017 passed by the Divisional Commissioner, Nagpur Division, Nagpur, rejecting parole for 30 days to the petitioner.
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3] The only reason for rejection of parole leave is
that the medical certificate produced by the petitioner in respect of illness of his wife is found to be false. It is not in dispute that otherwise the petitioner is entitled to parole leave in terms of Rule 19(2) of the Bombay Furlough and Parole Rules, 2016. Under the said provision, it is not necessary to assign reason for seeking regular parole . 4] In view of above, writ petition is partly allowed. The petitioner shall be entitled to be released on parole for 30 days commencing from 11.12.2017. The authorities shall be at liberty to enforce such conditions as may deem fit and proper for release of the petitioner on parole.
Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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