Bombay High Court
Arjun S/Obhanudas Devhare vs State Of Mah. Home Dep. Mantralaya ... on 16 July, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 15.Cr.W.P.No.642.2020-J
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.642 OF 2020
Arjun S/o. Bhanudas Devhare (In Jail),
Aged about 31 years,
Convict No. C - 4752, Detained in
Amravati Central Jail Prison, Amaravati. ....PETITIONER
---- VERSUS ----
1. State of Maharashtra
Home Department, Mantralaya,
Mumbai.
2. Superintendent of Jail,
Central Prison at Amravati.
3. Divisional Commissioner of
Amravati Division At Amravati. .... RESPONDENTS.
_________________________________________________________________________________________________________________________________
Shri P. M. Shambharkar, Advocate (Appointed) for the Petitioner.
Shri S. M. Ghodeswar, A.P.P. for the Respondents/State.
_________________________________________________________________________________________________________________________________
CORAM : V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATE : 16.07.2021.
ORAL JUDGMENT : [PER: AMIT B. BORKAR, J.]
1. Heard.
2. Rule. Rule made returnable forthwith.
3. By this petition under Article 226 of the Constitution of
India, the petitioner is challenging order dated 16.09.2020 thereby
imposing condition that the petitioner shall pay police escort
charges while releasing him on emergency parole.
4. The petitioner is convicted for the offences punishable
under Sections 302, 325 and 341 of the Indian Penal Code and has
been sentenced of imprisonment for life. The petitioner is
undergoing his sentence at Amravati Central Prison from 2015.
5. The petitioner on 03.09.2020 applied for emergency
parole leave on the ground of death of his father. The Jail Authority
allowed the said application by imposing condition of payment of
police escort charges. The petitioner has therefore challenged the
condition of imposing of police escort charges by way of present
petition.
6. This Court on 18.06.2021 issued notice to the
respondents. The respondent No.2 in pursuance of the notice has
filed reply stating that the police report is adverse to the petitioner.
The police report has revealed that the father of the petitioner had
expired on 13.08.2020. It is further revealed upon police enquiry
that the petitioner was earlier released on leave, but he had not
surrendered to prison on time and therefore, offence under Section
224 of the Indian Penal Code was registered against him. It is also
disclosed by the relatives of the petitioner that after the death of
father of the petitioner, all the ritual regarding of his death have
already been performed. The police report is based on statements of
wife and mother of the petitioner, who have objected for released of
the petitioner.
7. The medical certificate annexed along with reply on
page 24 reveals that the petitioner is suffering from psychosis from
23.02.2017. The reply therefore states that the petitioner is not
entitled for any relief.
8. Shri S. M. Ghodeswar, the learned Additional Public
Prosecutor has relied upon unreported judgment of this Court in
Criminal Writ Petition No.354/2019 in the case of Dilip S/o. Sopan
Pawar Vs. The State of Maharashtra and Anr. wherein this Court has
upheld the condition of the payment of police escort charges while a
convict is being released on emergency parole.
9. We have carefully considered the petition and the reply
filed by the respondent No.2. It appears that the death of the father
of the petitioner had occurred on 13.08.2020 and last rites of his
father are already performed by the relatives of the petitioner. Since,
this Court in the Criminal Writ Petition No.354/2019 had already
upheld the condition of imposing of police escort charges, there is
no merit in the petition, the petition is therefore, dismissed.
10. Rule is discharged.
The Advocate for the petitioner being appointed to
represent the petitioner shall be entitled to fees of Rs.1500/- and
expenses of Rs.500/-.
He shall be paid total amount of Rs.2000/- towards his
professional charges.
JUDGE JUDGE
RGurnule
