Kailas Bhairoba Sarole vs The State Of Maharashtra
2016 Latest Caselaw 6975 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION




                                                                                              
                       CRIMINAL WRIT PETITION NO. 3906 OF 2016


    Kailas Bhairoba Sarole               ]




                                                                                             
    C-630, Yerawada Central Prison, Pune ].. Petitioner

                        Vs.

    The State of Maharashtra                                                        ].. Respondent




                                                                         
                                  ....
                                              
    Mrs. Rohini Dandekar Advocate appointed for Petitioner
    Mr. Arfan Sait A.P.P. for the State
                                             
                                  ....


                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                                    A.M.BADAR, JJ.

DATED : DECEMBER 06, 2016

ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:

    1                   Heard both sides.



    2                   The petitioner preferred an application for parole on

the ground of illness of his grand-mother. The said application

came to be rejected on 24.8.2016, hence, this petition.

    3                   The application of the petitioner came to be rejected

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only on two grounds. The first ground is that the surety Shri.

Rama Bhima Sarole suggested by the petitioner, is full time

busy in his work i.e. running of foot-wear shop, hence, he would

not be able to keep a check on the petitioner. The second

ground is that if the petitioner is released on parole, there is

possibility of law and order problem.

4 As far as the first ground is concerned, the report of

the Senior Police Inspector, Sahkar Nagar Police Station, Pune

dated 19.4.2016 shows that earlier on six occasions, the

petitioner was released on furlough and on all the occasions,

the petitioner had surrendered back to the prison in time. The

report further shows that on all these occasions, same surety

i.e. Rama Bhima Sarole has stood as surety when the

petitioner was released earlier. During the period that the

petitioner was released earlier, though the same person i.e.

Shri. Rama Bhima Sarole has stood as surety, there was no

complaint from anyone against the petitioner. Moreover,

during the period that the petitioner was released on furlough

or parole, the petitioner had not committed any offence or

come to the adverse notice of the police, hence, we find no

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merit in the first ground of rejection.

5 As far as the second ground of rejection is concerned,

also we find no merit because, on the earlier occasions when

the petitioner was released on parole or furlough, he has

reported back in time. Moreover, during the period that the

petitioner was released on furlough or parole, the petitioner

had not committed any offence or come to the adverse notice

of the police.

Looking to all these facts, we are inclined to

grant parole.

6 The petitioner to be released on parole on the usual

terms and conditions as set out by the competent authority.

Petition is allowed. Rule is made absolute in above terms.

7 Office to communicate this order to the petitioner

who is in Yerawada Central Prison, Pune.

[ A.M.BADAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

kandarkar

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