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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.866 OF 2017
Nalini Vijay Dhapke,
Aged about 38 years, r/o.
Gondi Digras, Tq.Narkhed,
District Nagpur. (C/6788,
Central Prison, Nagpur). .......... PETITIONER
// VERSUS //
1. Divisional Commissioner,
Nagpur Division, Nagpur.
2. Superintendent of Jail,
Central Prison,
Nagpur. .......... RESPONDENTS
____________________________________________________________
Mr.Mir Nagman Ali, Advocate for the Petitioner.
Mr.V.P.Gangane, A.P.P. for the Respondents/State.
____________________________________________________________
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CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATE : 22.11.2017.
ORAL JUDGMENT (Per M.G.Giratkar, J) :
1. The Criminal Application is admitted and heard finally with the consent of the learned Counsel for the respective parties.
2. The petitioner has challenged the impugned order passed by respondent no.1, dt. 28.8.2017 by which his application for grant of parole leave came to be rejected.
3. It is submitted that the petitioner is a convict of the offence punishable under Section 302 of the Indian Penal Code. She has undergone 14 years' imprisonment. Petitioner applied to release her on parole leave vide application dt.30.7.2017 on the ground that her mother is ill and she wanted leave for treatment of her mother. It is submitted that the Sanctioning Authority i.e. respondent no.1 ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:31:59 ::: 3 wp866.17.odt directed the Commissioner of Police, Narkhed to file report. The report was submitted on 18.8.2017. The Sanctioning Authority has directed the Commissioner of Police, Nagpur to file report for consideration of parole accordingly. Police submitted Inquiry report stating that the petitioner is habitual in surrendering late to the prison. There is possibility of his absconding etc. Last time when the petitioner was released, she did not surrender on the due date and she was late by 629 days. On that ground, her application came to be rejected.
4. Heard Mr.Mir Nagman Ali, learned Counsel for the petitioner and Mr.V.P.Gangane, learned A.P.P. for the Respondents/State. From the perusal of reply filed by the respondents, it is clear that the petitioner was released on parole leave on 1.3.2017 and she surrendered on 9.3.2017 i.e. on the due date. Therefore, rejection of application is not proper. The documents filed on record shows that the mother of petitioner is ill and therefore, she requires parole leave. In a year, parole leave of 60 days in all total can be granted. Looking to the submission of the petitioner, she is entitled for parole leave for a period of seven days. Hence, we pass the following order.
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// ORDER //
The Criminal Writ Petition is allowed.
The impugned order dt.28.8.2017 is hereby quashed and set aside.
The respondent is directed to release the petitioner on parole leave of seven days on her furnishing necessary surety.
The petitioner shall report to the prison on the due date.
No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:31:59 ::: 5 wp866.17.odt ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:31:59 :::