Prabhakar Jaswant Mandlekar vs State Of Maharashtra, Thr. Its ...
2021 Latest Caselaw 3139 Bom

 Judgment                                 1                       Cri.W.P.30 of 2021.odt


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

                    CRIMINAL WRIT PETITION NO. 30 OF 2021


          Prabhakar Jaswant Mandlekar,
          Aged about 35 years, Occu. - Convicted
          Offender (Prisoner No.C-9145),
          R/o. Central Prison, Nagpur.

                                                              .... PETITIONER

                                   // VERSUS //

 1)       State of Maharashtra,
          through its Secretary,
          Home Department, Mantralaya,
          Mumbai-32.

 2)       The Superintendent,
          Central Prison, Nagpur,
          District - Nagpur.

 3)       The Divisional Commissioner,
          Nagpur Division, Nagpur.
                                               .... RESPONDENTS
  ______________________________________________________________
      Shri R. K. Maheshwari, Advocate(appointed) for the petitioner.
      Ms H. N. Jaipurkar, A.P.P. for the respondent Nos.1 to 3.
 ______________________________________________________________

                           CORAM : SUNIL B. SHUKRE AND
                                   AVINASH G. GHAROTE, JJ.

DATED : 17.02.2021.

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

1. Heard. Rule. Rule made returnable forthwith.

Judgment 2 Cri.W.P.30 of 2021.odt

2. Heard finally by consent of the learned counsel appearing

for the parties.

3. The reason for which the emergency parole was sought in

the present case, no longer survives today. This would become clear on

carefully reading the impugned order dated 27.03.2020. It clarifies that

the wife of the petitioner was examined by the concerned Doctor and

she was found to be anemic and suffering from hyper tension and

anxiety depression. It is further seen that she was treated only as a

outdoor patient and was advised rest for 2-3 months. It is further

stated that she was not suffering from any serious illness. Now, the

period of 2-3 months is already over and no new circumstance is

reflecting in any manner upon the present day health status of the

petitioner's wife on record. In such a case, it would be appropriate for

the petitioner to make a fresh application for grant of emergency

parole, if there is requirement and real need having been arisen in that

regard subsequently. Even the reply of respondent No.3 states the same

thing. It also assures that if any fresh application upon new grounds is

filed, same would be considered appropriately and in particular in the

light of the law laid down by Full Bench of this Court in Criminal Writ

Petition No.1046 of 2018, Kantilal Nandlal Jaiswal Vs. Divisional

Commissioner, Nagpur & Anr. , decided on 13.09.2019.

Judgment 3 Cri.W.P.30 of 2021.odt

4. In the result, we find no substance in the petition, the Writ

Petition stands dismissed.

5. Legal remuneration of Rs.2,500/- (Rs. Two thousand five

hundred only) be paid to the learned Advocate appointed for the

petitioner.

(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.)

Kirtak