Nanasaheb Chhatrabhuj Shinde ... vs The State Of Maharashtra
2017 Latest Caselaw 3718 Bom

                                     1                         661.17wp

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      BENCH AT AURANGABAD.

                CRIMINAL WRIT PETITION NO. 661 OF 2017

Nanasaheb S/o Chatrabhuj Shinde,
Convict No.C-10806,
Nashik Road Central Prison,
Nashik.                                                     Petitioner...

              Versus

1.    The State of Maharashtra,
       through its Secretary, Home Department, 
       Mantralaya, Mumbai.

2.    The Divisional Commissioner,
       Nashik Division, Nashik. 

3.    The Superintendent,
       Nashik Road Central Prison, Nashik.             Respondents...

                                 ..........
  Ms Sheetal E Waghmare, Advocate (appointed) for representing the 
                              petitioner
              Mr S. R. Yadav, APP for respondent/State
                               .............


                                 CORAM  :  S.P. DESHMUKH   &
                                           A. M. DHAVALE, JJ.

DATE : 28TH JUNE, 2017.

ORAL JUDGMENT (Per A. M. Dhavale, J. ) :-

1. Rule. Rule made returnable forthwith. Heard finally with

the consent of the respective parties.

2 661.17wp

2. By this petition, a prisoner is seeking directions under

Article 226 of the Constitution for issuing writ for releasing him on

parole.

3. The petitioner was convicted u/s 376-D of the Indian Penal

Code on 14.07.2016, by Sessions Court, Ambajogai. He was under

trial from 18.01.2015. On 19.09.2016, the petitioner's mother died.

He filed an application for Death Parole on 26.09.2016 and the

report of Police verification was received on 29.09.2016. The

Assistant Superintendent of Police, Sub-Division, Ambajogai, has

given no objection for death parole. The Superintendent, Nashik

Road Central Prison, Nashik, by order dt. 29.09.2016, refused to

grant death parole on three grounds, which read as under:

(i) The period of detention was only one year and seven months.

(ii) The petitioner was convicted for serious offence u/s 376-D of the IPC.

(iii) The death parole can be granted within 10 days of death as per Govt. Resolution dt. 15.05.2000.

4. Heard Ms Sheetal E Waghmare, ld. Advocate (appointed)

for the petitioner and Mr S. R. Yadav, ld. APP for respondent/State.

3 661.17wp

5. The petitioner had applied for death parole as his mother

died on 19th September 2016. As per Government Resolution dated

15th May 2000, emergency parole on account of death can be granted

for a period of seven days and within ten days from the date of death.

Since Divisional Commissioner received report of Police on 28 th

January 2017, the period of ten days was already over. Therefore,

emergency parole was rejected on 29 th September 2016. Since

emergency parole is granted for specific purpose of attending the last

rites, performed within ten days from the date of death, the

petitioner cannot be granted emergency parole on the ground of

death of his mother after ten days are over.

6. In view of above, the impugned order is justified and it is

unnecessary to go into the validity of other grounds on which the

application was rejected. Hence, the petition is rejected. Rule is

discharged.

7. Fees payable to the learned Advocate Ms Sheetal E

Waghmare, appointed for representing the petitioner, is quantified at

Rs. 5,000/- (Rupees Five Thousand only).

              [ A. M. DHAVALE ]                             [ S.P. DESHMUKH ]
                        JUDGE                                         JUDGE
 sgp