Rupesh S/O Mohan Kadukar vs State Of Maharashtra, Thr. ...
2016 Latest Caselaw 3681 Bom

        cwp350.16                              1




                                                                                
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                        
                           NAGPUR BENCH, NAGPUR


                     CRIMINAL WRIT PETITION NO.350 OF 2016.




                                                       
       PETITIONER:            Rupesh s/o Mohan Kadukar,
                                 aged about 30 years, Convict No.




                                           
                                 C - 8255,Central Prison, Nagpur.
                             
                                         : VERSUS :

       RESPONDENTS: 1.  The State of Maharashtra
                            
                        through Divisional Commissioner,
                        Nagpur Division, Nagpur. 

                                  2.  The Superintendent of Prison,
      


                                      Central Prison, Nagpur.
   



       -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
       Mr.P.N.Samundre, Advocate for the petitioner.
       Mrs.Geeta Tiwari, Addl.Government Pleader for the respondents.





       =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

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

                                          DATED:      8th JULY, 2016.





       ORAL JUDGMENT (Per V.M.Deshpande, J.) 


       1.             Rule.     Rule   is   made   returnable   forthwith.     Heard   by










                                                                              

consent of learned counsel for both the parties.

2. The petitioner was released on parole leave for a period

of thirty days by order dated 5th of March, 2016 on the ground of

illness of his mother. The petitioner was actually released from

Jail on 2nd of April, 2016. When petitioner was on parole leave, he

made an application for extension of parole leave on 12th of April,

2016. However, the said application was rejected by the

Authority.

3. According to the learned Counsel for the petitioner, the

petitioner has already surrendered before the Jail Authority on 5 th

of July, 2016. The petitioner has submitted that his mother was

suffering from chest pains and hypertension. It is to be seen that

for the reason of illness of mother, the petitioner was released on

parole by the Authority. He himself has now surrendered before

the Jail Authority. In that view of the matter, the rejection of

extension of parole leave by the Authority dated 22nd of April,

2016 is hereby set aside and the period from 2 nd of April, 2016 till

5th of July, 2016 shall be treated as a parole leave.

Petition stands disposed of.

                      JUDGE   ig                                      JUDGE
                            
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