Mangesh Madhav Kapate vs Divisional Commissioner, Nagpur ...
2016 Latest Caselaw 4542 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 




                                                                                                        
                            NAGPUR BENCH, NAGPUR
                                    CRIMINAL WRIT PETITION No.431 OF 2016




                                                                                                       
    Mangesh Madhav Kapate,
    Aged about 40 years, 
    Convicted Prisoner bearing Prisoner
    No.C-8253, Central Prison, Nagpur.  ....                                                                          ...                     Petitioner.




                                                                                 
                                                ..Versus..

    1.  Divisional Commissioner, 
        Nagpur Division, Nagpur.   
                                                    
                                                   
    2.  Police Statio, M.I.D.C.,

    3.       Superintendent, Nagpur Centra,l Prison,
             Naglpur.                        ...                                                                      ...      Respondents.
           
        



    .......................................................................................................................................................
    Mr. Rohan Chhabra, Advocate (appointed)  for petitioner.
    Mr. M.J. Khan,   APP for respondents. 
    .......................................................................................................................................................





                                                CORAM                  :  B.R. GAVAI AND V.M. DESHPANDE, 
                                                                                                         JJ.

                                                DATE                   :  8 th
                                                                                August, 2016.

    JUDGMENT (Per B.R. Gavai, J.)

Rule. Rule made returnable forthwith. Heard finally by consent of

learned counsel appearing for the parties.

2. The petitioner has approached this Court being aggrieved by the

rejectionof hisj applicationfor grant of parole. The parole is sought on the

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ground that the petitioner's mother was murdered by his father and his

brother.

3. The perusal of the letter dated 20.12.2015 would reveal that as a

matter of fact the concerned police station has not opposed the release of the

applicant. However, it was rejected on the ground that when petitioner was

earlier released on furlough, he was arrested after a period of 20 days.

4. It is the contention of the petitioner that he is required to

perform religious ceremony and Asthi Visarjan of his mother and the same is

not disputed by the respondents.

5. In that view of the matter, we are inclined to allow the writ

petition. As such, the petition is allowed. The applicant is directed to be

released on parole for a period of 15 days after complying with the

requirements as provided under the law. Fees to be paid to the appointed

counsel are quantified at Rs.1,500/-.

                              JUDGE                                JUDGE 

    Hirekhan




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                                         CERTIFICATE




                                                            

I certify that this Judgment uploaded is a true and correct copy of original signed Judgment.

Uploaded by : R.B. Hirekhan. Uploaded on : 10/8/2016.

                              ig          P.A.
                            
      
   






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