Yogeshwar S/O Narayan Batte (In ... vs Divisional Commissioner, Nagpur ...
2016 Latest Caselaw 4011 Bom

                                           1                           WP167-16.odt         



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                   
                               NAGPUR BENCH : NAGPUR




                                                           
                    CRIMINAL WRIT PETITION NO. 167/2016
                                    ...




                                                          
    Yogeshwar s/o Narayan Batte,
    C-8003, Detained in Central Prison,
    Nagpur.                                               ..             PETITIONER




                                               
                                   .. Versus ..
                             
    1. Divisional Commissioner,
       Nagpur Division, Nagpur.
                            
    2. Superintendent of Central Prison,
       Nagpur.                                            ..            RESPONDENTS


    Mrs. S.P. Dhotre, Advocate for Petitioner.
      


    Mr. T.A. Mirza, APP for Respondents.
   



                                                ....


                  CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : July 20, 2016.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. 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 rejection of his application for parole.

2 WP167-16.odt

3. The application is rejected on the ground that when the

petitioner was released in the year 2012, he did not surrender on

due date and he was required to be arrested after the period of 62

days.

4. In order to verify the genuineness of the ailment of the

petitioner's wife, we had requested the learned APP to seek

instructions from the concerned hospital. On instructions the

learned APP states that the wife of the petitioner is suffering from

the kidney ailment as well as anemia.

5. Insofar as the ground regarding surrendering belatedly

and requiring to be arrested is concerned, after that on two

occasions the petitioner was released on parole/furlough and he

has surrendered himself. In that view of the matter, the

respondents themselves have condoned the said lapse.

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

writ petition. The petitioner is directed to be released on parole for

a period of 30 days on his complying with the necessary

requirements. Rule is made absolute in the aforesaid terms.

(V.M. Deshpande, J. ) (B.R. Gavai, J.) ...

                                            3                      WP167-16.odt         


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Uploaded by : R.G. Halwai, Uploaded on : 21.07.2016 Private Secretary