Pappu S/O. Gajanan Zade (In Jail) vs State Of Maharashtra Thr. ...
2017 Latest Caselaw 9311 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR

                   CRIMINAL WRIT PETITION NO. 996 OF 2017

            Pappu s/o Gajanan Zade,
            Convict No. -9940,
            Central Prison, Nagpur ......                                    PETITIONER
                                  ...VERSUS...
 1.         State of Maharashtra,
            through Divisional Commissioner,
            Nagpur Division, Nagpur.

 2.      The Superintendent of Prison,
         Central Prison, Nagpur.......                                   RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri N.H.Samundre, Advocate for Petitioner
 Shri M.K.Pathan, APP for Respondents
 -------------------------------------------------------------------------------------------
                           CORAM: R. K. DESHPANDE AND
                                        M.G.GIRATKAR, JJ.
                                          th
                           Date       : 5     DECEMBER, 2017 .

 JUDGMENT (P.C.)

Rule made returnable forthwith.

Heard finally by consent of the learned counsels

appearing for the parties.

2] The challenge in this petition is to the order

dated 06.09.2017 passed by the Divisional Commissioner,

Nagpur Division, Nagpur, rejecting parole for 30 days to the

petitioner.

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           3]              The only reason for rejection of parole leave is

that the medical certificate produced by the petitioner in

respect of illness of his wife is found to be false. It is not in

dispute that otherwise the petitioner is entitled to parole leave

in terms of Rule 19(2) of the Bombay Furlough and Parole

Rules, 2016. Under the said provision, it is not necessary to

assign reason for seeking regular parole .

4] In view of above, writ petition is partly allowed.

The petitioner shall be entitled to be released on parole for 30

days commencing from 11.12.2017. The authorities shall be

at liberty to enforce such conditions as may deem fit and

proper for release of the petitioner on parole.

Rule is made absolute in above terms. No order

as to costs.

                                JUDGE                          JUDGE


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