Nalini Vijay Dhapke (In Jail) vs Divisional Commissioner Nagpur ...
2017 Latest Caselaw 8958 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                  CRIMINAL WRIT PETITION NO.866 OF 2017



  Nalini Vijay Dhapke,
  Aged about 38 years, r/o. 
  Gondi Digras, Tq.Narkhed,
  District Nagpur. (C/6788,
  Central Prison, Nagpur).                  ..........      PETITIONER


          // VERSUS //


  1. Divisional Commissioner, 
      Nagpur Division, Nagpur.

  2. Superintendent of Jail,
      Central Prison, 
      Nagpur.                                   ..........       RESPONDENTS


  ____________________________________________________________  
               Mr.Mir Nagman Ali, Advocate for the Petitioner.
            Mr.V.P.Gangane, A.P.P. for the Respondents/State.
  ____________________________________________________________



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                                     CORAM     :  R.K.DESHPANDE 
                                                          AND
                                                          M.G.GIRATKAR, JJ.

DATE : 22.11.2017.

ORAL JUDGMENT (Per M.G.Giratkar, J) :

1. The Criminal Application is admitted and heard finally

with the consent of the learned Counsel for the respective parties.

2. The petitioner has challenged the impugned order

passed by respondent no.1, dt. 28.8.2017 by which his application

for grant of parole leave came to be rejected.

3. It is submitted that the petitioner is a convict of the

offence punishable under Section 302 of the Indian Penal Code. She

has undergone 14 years' imprisonment. Petitioner applied to release

her on parole leave vide application dt.30.7.2017 on the ground that

her mother is ill and she wanted leave for treatment of her mother. It

is submitted that the Sanctioning Authority i.e. respondent no.1

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directed the Commissioner of Police, Narkhed to file report. The

report was submitted on 18.8.2017. The Sanctioning Authority has

directed the Commissioner of Police, Nagpur to file report for

consideration of parole accordingly. Police submitted Inquiry report

stating that the petitioner is habitual in surrendering late to the

prison. There is possibility of his absconding etc. Last time when the

petitioner was released, she did not surrender on the due date and

she was late by 629 days. On that ground, her application came to be

rejected.

4. Heard Mr.Mir Nagman Ali, learned Counsel for the

petitioner and Mr.V.P.Gangane, learned A.P.P. for the

Respondents/State. From the perusal of reply filed by the

respondents, it is clear that the petitioner was released on parole

leave on 1.3.2017 and she surrendered on 9.3.2017 i.e. on the due

date. Therefore, rejection of application is not proper. The

documents filed on record shows that the mother of petitioner is ill

and therefore, she requires parole leave. In a year, parole leave of 60

days in all total can be granted. Looking to the submission of the

petitioner, she is entitled for parole leave for a period of seven days.

Hence, we pass the following order.

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                                      // ORDER //

The Criminal Writ Petition is allowed.

The impugned order dt.28.8.2017 is hereby quashed and set aside.

The respondent is directed to release the petitioner on parole leave of seven days on her furnishing necessary surety.

The petitioner shall report to the prison on the due date.

No order as to costs.

                               JUDGE                           JUDGE
   



  [jaiswal]





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