Parmeshwar Dagdu Hanvate vs The State Of Maharashtra And ...
2016 Latest Caselaw 1922 Bom

                                           1                 Cr.WP No. 369/2016

             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD




                                                                          
                    CRIMINAL WRIT PETITION NO.369 OF 2016 




                                                  
      Parmeshwar Dagdu Hanvate
      Age: 24 Yrs., occu. Nil
      R/o Jevli, Tq. and Dist.Latur                     - PETITIONER




                                                 
            VERSUS

      1)       The State of Maharashtra
               Through Shivaji Nagar Police
               Station, Latur, Dist.Latur.




                                       
      2)       The Superintendent of Prisons,
               Central Prison, Nashik.
                             
      3)       The Divisional Commissioner,
               Nashik Division, Nashik.
                            
      4)   The Commissioner, 
           Nashik.                          -  RESPONDENTS
                                       
                              *****
      


      Mr.Kailas B.Autade, Advocate for Petitioner;
      Mr.SJ Salgar, APP for Respondents.
   



                                       -----


                                        CORAM :  R.M.BORDE &





                                                  P.R.BORA,JJ.

DATE :

27 th

April, 2016.

ORAL JUDGMENT (PER:- R.M.BORDE,J.)

1) Heard. Rule. Rule made returnable

forthwith with the consent of the parties.

2) An application tendered by the petitioner

for release on parole has been turned down by the

Divisional Commissioner, Nasik. It is recorded in

the impugned order that if the accused/petitioner is

released on parole, there is likelihood of occurrence

of breach of peace and the witnesses, who deposed

against him during the trial, are apprehensive of

their safety.

3)

It is not a matter of dispute that mother of

the petitioner is suffering from ailment and require

medical attention and is also expected to undergo

surgical procedure. The grounds stated by the

petitioner come within the purview of Rule 19 of The

Prison (Bombay Furlough and Parole) Rules, 1959.

Father of the petitioner has undertaken to furnish

surety in the event the petitioner is released on

parole. In this view of the matter, on imposition of

the condition to the effect that the petitioner

shall not enter village Jevli and that he shall stay

at Tuljapur during the period of his release on

parole and will report to Police Station, Tuljapur

every day, the petitioner shall be released on

parole.

4) It would be open for the authorities to

direct the submission of surety and impose conditions

in consonance with the Rules of 1959. The

respondents/authorities shall pass order directing

release of the petitioner on parole subject to

conditions those may be imposed, including the

condition as referred to above, as expeditiously as

possible and preferably within a period of fifteen

days from today.

5) Rule is accordingly made absolute in above

terms with no order as to costs.

              Sd/-                 sd/-     
           (P.R.BORA)            (R.M.BORDE)
   



              JUDGE                 JUDGE
                                
                                

      bdv/