1 jg.cri.w.p.1056.17.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 1056 OF 2017
Mohd Shareef Shabbir Ahmed,
Convict No. C/4915,
Presently at Central Prison, Amravati. ... Petitioner
VERSUS
Jail Superintendent,
Amravati Central Jail, Amravati. ... Respondent
-------------------------------------------------------------------------------------------------
Shri Mir Nagman Ali, Advocate for the petitioner
Smt. N. R. Tripathi, Additional Public Prosecutor for the respondent
-----------------------------------------------------------------------------------------------------------------------
CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 23/11/2017. Oral Judgment (Per : R. K. Deshpande, J.)
Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsels appearing for the parties.
2. The petitioner is the prisoner suffering imprisonment for 14 years for the offences punishable under Sections 25(1-AA) of Arms Act and 5(b) of Explosives Substance Act, 25(1-A), 25(1-B), (a), 26 read with Section 7 of the Arms Act. The real sister of the petitioner expired on 20-10-2017 and hence, he sought parole leave which has been ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:41:28 ::: 2 jg.cri.w.p.1056.17.odt rejected.
3. As per Rule 18(2) of the Prisons (Bombay Furlough and Parole) Rules, 1959, the competent authority to release the convict/ prisoner on parole for a period of not exceeding 15 days is the Superintendent of Prison in case of death of close relation i.e. father, mother, brother, sister, spouse or children of the prisoner. It cannot therefore be accepted that the competent authority is the Divisional Commissioner as is urged by the learned Additional Public Prosecutor.
4. The reason given for parole is not in dispute which is admitted in the reply filed by the respondent and we do not find, therefore, any reason to refuse to grant parole leave to the petitioner. In view of the above, the order dated 7/8 th November, 2017 rejecting the application for death parole is hereby quashed and set aside. The petitioner shall be entitled to parole leave for not exceeding 7 days on such terms and conditions as the Superintendent of Jail may think fit and proper.
5. The petitioner can be released by 27 th November, 2017 so that he would be able to attend 14th day rituals. ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:41:28 :::
3 jg.cri.w.p.1056.17.odt
6. Learned Additional Public Prosecutor to communicate this order.
JUDGE JUDGE
wasnik
::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:41:28 :::