Kantilal S/O. Nandlal Jaiswal (In ... vs State Of Maharashtra Thr. ...
2017 Latest Caselaw 678 Bom

cwp.205.17.jud.doc                         1

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

              CRIMINAL WRIT PETITION NO.205 OF 2017

Kantilal s/o Nandlal Jaiswal (In Jail),
Aged about 68 years,
Convict No.C-8135, 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 the Petitioner.
Shri J.Y. Ghurde, A.P.P. for the Respondents.
                  -------------------

                 CORAM          :   B.R. GAVAI & KUM. INDIRA JAIN, JJ.

DATE : MARCH 10, 2017.

ORAL JUDGMENT :- (Per B.R. Gavai, J.)

Rule. Rule made returnable forthwith. Heard the

learned Counsel for the parties finally by consent.

02] The petitioner had applied for death parole on the

ground that his elder brother expired on 04/03/2017.

Accordingly, the petitioner was released on 04/03/2017 at night

for a period of 5 days. The petitioner is required to surrender

today i.e. 10th March, 2017.

03] From the perusal of the reply itself would reveal that

respondent no.2 is empowered to release a prisoner on parole in

an emergent situation for a period of 15 days in view of

Rule18(2) of the Prisons (Bombay Parole and Furlough) Rules,

1959. It could thus be seen that respondent no.2 is empowered

to grant parole totally for a period of 15 days, out of the said

parole leave, five days are exhausted and 10 days are still

remained.

04] Taking into consideration the fact that the 14 th day

death ceremony of the petitioner's elder brother is scheduled to

be performed on 18th March, 2017, we find that the petition

deserves to be allowed. Hence, the order :

I. The respondents are directed to extend the period of

parole till 19th March, 2017.

II. The petitioner to surrender before the respondent

no.2 authority prior to 05:00 p.m. on 20th March, 2017.

III. Rule is made absolute in terms of prayer clause (i).

IV. The authenticated copy of this order be supplied to

the parties to act upon.

(Kum. Indira Jain, J.) (B.R. Gavai, J) *sdw