Bombay High Court
Sachin S/O Kashinath Ingle (In ... vs State Of Maharashtra Through ... on 5 August, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 608/2016
Sachin s/o Kashinath Ingle,
aged about 26 Years, Convict No.
C-8155, Central Prison, Nagpur. .....PETITIONER
...V E R S U S...
State of Maharashtra through
The Superintendent of Prison,
Central Prison, Nagpur. ...RESPONDENT
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Ms S. B. Khobragade with Mr. N. H. Samudre, Advocates for petitioner.
Mr. T. A. Mirza, A.P.P. for respondent-State.
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CORAM:- B. R. GAVAI & V. M. DESHPAND E, JJ.
DATED :-
AUGUST 5, 2016
ORAL JUDGMENT (Per : V. M. Deshpande, J.)
1. Rule. Rule returnable forthwith. Heard finally by consent
of the learned counsel for the parties.
2. The present case is in respect of the refusal to grant parole
in favour of the petitioner, which was prayed by him before the
authorities on the ground of death of his grandmother. In that view
of the matter, this Court has on 04.08.2016 requested the learned
A.P.P. to obtain the necessary instructions from the authority and
accordingly, the matter is placed today for further consideration of
the writ petition.
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3. It is an admitted position that the authorities have refused
to release the petitioner on parole on account of death of his
grandmother on the ground that in Rules 18 and 19 of the Prison
(Bombay Furlough and Parole) Rules, 1959, that there is no
provision to release the prisoner on parole on account of death of
grandmother. However, whether a person is entitled to be released
on parole on the ground of death of grandmother or grandfather is
no more res integra. The said dispute is already decided in the
matter of Mohammad Wasim Mohammad Imam
Bhiwaniwale.vs.The State of Maharashtra and another; 2012
All.M.R. (Cri) 3475. In view of the said decision, the petitioner is
entitled to be released on parole.
4. Consequently, we allow the writ petition. The petitioner
shall be released on parole on completion of all the formalities by the
respondent-authority prior to 07.08.2016. The petitioner shall avail
the parole for 7 days on he being released from the Central Prison.
The petitioner is directed to surrender himself before the prison
authorities on 16.08.2016 at 11.00 a.m.
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Rule is made absolute in the above terms.
Authenticated copy of the judgment may be given to the
learned counsel for the parties.
(V. M. Deshpande) (B. R. Gavai)
kahale
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Uploaded by: Y. A. Kahale. Uploaded On:05.08.2016
