Bombay High Court
Arvind Arjun Kamble vs The Additional Police ... on 13 April, 2017
Bench: V.K. Tahilramani
jdk 1 6.crwp.1343.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1343 OF 2017
Arvind Arjun Kamble ]
Convict No. C/6200 ]
Kolhapur Central Prison, Kallamba ]
Permanently residing at post ]
Karmale, Tal. Shirala, Dist. Sangli ].. Petitioner
Vs.
1. Deputy Police Superintendent ]
Sangli ]
]
2. Divisional Commissioner, ]
General Administrative Deptt. ]
Vidhan Bhavan, Pune-1 ]
]
3. Under Secretary, Home Deptt. ]
Home Deptt. Jail-3, Mantralaya, ]
Govt. of Maharashtra, Mumbai-32 ]..Respondents
....
Ms. Rohini Dandekar Advocate appointed for the Petitioner
Mrs. G.P.Mulekar A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
M.S.KARNIK, JJ.
DATED : APRIL 13, 2017
ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]:
1 Heard both sides.
1 of 3
jdk 2 6.crwp.1343.17.j.doc
2 The petitioner preferred an application for parole on
the ground of illness of his wife. The ground was that his wife
had to undergo surgery of the appendix. The said application
came to be rejected by order dated 11.5.2015. Being
aggrieved thereby, the petitioner preferred an appeal. The
said appeal came to be dismissed by order dated 29.11.2016,
hence, this petition.
3 The application of the petitioner for parole came to be
rejected on three grounds. The first ground is that the
witnesses in the criminal case have taken objection to the
petitioner being released on parole. The second ground is that
if the petitioner is released on parole, there would be danger to
the lives of the relatives of the deceased and the third ground
for rejecting the application for parole is that if the petitioner is
released on parole, there will be a possibility of law and order
problem. Reliance is placed by the prosecution on the
statements of witnesses who have stated that if the petitioner
is released on parole, there would be danger to their lives.
However, as far as this aspect is concerned, the jail record of
the petitioner shows that on 2.11.2015, he was released on
2 of 3
jdk 3 6.crwp.1343.17.j.doc
furlough for a period of 28 days and he had to surrender back
on 1.12.2015 and the petitioner had surrendered back to the
prison on his own on due date i.e. on 1.12.2015. During the
period that the petitioner was on furlough, no complaint has
been made by any witnesses regarding threats being given by
the petitioner or anyone on his behalf to the witnesses.
Moreover, during the period that the petitioner was on
furlough, no law and order problem took place in the village.
Thus, we are of the opinion that the petitioner can be released
on parole.
4 In view of the above, the petitioner to be released on
parole for a period of 30 days on the usual terms and
conditions as set out by the jail authorities. Rule is made
absolute in above terms. Petition is disposed of accordingly.
5 Office to communicate this order to the petitioner
who is in Kolhapur Central Prison, Kalamba.
[ M.S.KARNIK, J. ] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
3 of 3
