Divakar Shyamrao Chauhan vs State Of Maharashtra And Ors.
2005 Latest Caselaw 822 Bom

JUDGMENT

P.S. Brahme, J.

1. Rule. Rule returnable forthwith. The petition is taken up for final hearing by consent.

2. Heard the learned counsel for the petitioner and the learned APP for the respondents.

The petitioner, who is undergoing an imprisonment for life in Central Prison, Nagpur has approached this Court for his release on parole.

3. The petitioner has filed Criminal Appeal No. 511/2002 challenging the judgment and order of conviction and the appeal is pending in this Court. The petitioner has filed the present petition for grant of parole for 30 days for reconstruction of his house which is in collapsible condition. It is the contention of the petitioner that due to the fact that the house which is on the verge of collapse, his family members apprehend eminent danger to their life.

4. On behalf of the respondents-State, respondent No. 3 has filed his affidavit in which the factual position as to the state of house of petitioner i.e. the house is in dilapidated condition and urgent reconstruction is required is admitted. It is revealed from the submission of respondent No. 3 that the Police Inspector, Pulgaon, District - Wardha who enquired into the factual state/condition of the house of petitioner, has submitted verification report dated 6-7-2005 wherein it is stated that the petitioner's house is in dilapidated condition and urgent reconstruction is required. This fact has been substantiated by witness Sanjay Babarao Bobade, Police Patil, who has categorically stated that the house of the petitioner is in dilapidated condition and that it requires repairs.

5. We have verified the same from the report submitted by the Police Officer so also the statement of Sanjay Bobade and Mahadeo Punaji Bagade which came to be filed along with the submission by the learned APP. Therefore, even respondents also do not dispute that that the house of the petitioner is in dilapidated condition and it requires urgent repairs/reconstruction. If that is so then petitioner is entitled for parole having regard to the provisions under Rule 19 of the Prison (Bombay Furlough and Parole), Rules, 1959 which provides for grant of parole in case of natural calamity such as house collapse etc.

6. Taking into consideration the factual position as also the legal provisions as stated above, we are inclined to grant petitioner parole for 25 days from the date of his release on condition that petitioner should furnish personal bond of Rs. 5,000/- with one surety in the like amount and to give undertaking that petitioner would surrender to serve sentence on or before due date.

7. Rule is made absolute in the above terms.