Rupsingh Anna Devre vs Divisional Commissioner And Anr
2017 Latest Caselaw 5669 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

            CRIMINAL WRIT PETITION NO.2825 OF 2017


Rupsingh Anna Devre                          ......Petitioner
V/s.
Divisional Commissioner
and Anr.                                     .......Respondents


Ms. Rohini Dandekar, Advocate Appointed for Petitioner.
Mr. H.J.Dedhia, APP for Respondent-State.


                          CORAM : SMT. V.K. TAHILRAMANI, &
                                  SANDEEP K. SHINDE, JJ.

DATE : AUGUST 4, 2017.

ORAL JUDGMENT : [Per Smt. V.K.Tahilramani, J.]

Heard both sides.

2 The petitioner preferred an application for parole

on 4.4.2016. The said application came to be rejected by

order dated 15.2.2017. Being aggrieved thereby, the

petitioner preferred an appeal. The said appeal came to be

dismissed by the order dated 4.5.2017 hence, this petition.

3 Parole is being sought on the ground of illness of

wife of the petitioner. It is admitted by the authorities that

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the wife of the petitioner is ill. However, according to them,

it is not possible to gauge the seriousness of the illness.

Medical certificate relied upon by the petitioner shows that

wife of the petitioner needs surgical intervention and

hospitalisation. Jail record of the petitioner since the year

2009 shows that on six occasions, he was released on

parole and on all occasions, he reported back to the prison

on due date on his own. So also, from 2009, on seven

occasions, the petitioner has been released on furlough

and on all the occasions, he has reported back to the

prison on his own on due date. Looking to this fact and the

medical certificate, on humanitarian ground, we are

inclined to grant parole to the petitioner. Hence, the

following order:

(I) Petitioner to be released on parole for a

period of 30 days on the usual terms and

conditions as set out by the authorities.

4 Rule is made absolute in the above terms.

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                 Office        to   communicate       this     order       to     the

petitioner who is in Nashik Road Central Prison, Nashik.

(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)

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