Ashish @ Maddy Virendra Rathore vs Jail Superintendent, Nagpur ...
2021 Latest Caselaw 14621 Bom

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


                            CRIMINAL WRIT PETITION NO. 619/2021


                   Ashish @ Maddy Virendra Rathore,
                   Convict No. 10488,
                   Aged about 32 years,
                   Presently at Central Prison,
                   Nagpur
                                                                 .... PETITIONER(S)

                                           // VERSUS //

          1]       Jail Superintendent,
                   Nagpur Central Jail,
                   Nagpur

          2]       PSO PS Ranapratapnagar,
                   Nagpur
                                                               .... RESPONDENT(S)

           *******************************************************************
                        Shri M.N. Ali, Advocate for the petitioner(s)
                      Ms. N.R. Tripathi, APP for the respondent/State
           *******************************************************************

                             CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

OCTOBER 06, 2021

ORAL JUDGMENT : (PER:- V.M. DESHPANDE, J.)

1] Heard finally by consent of the parties. RULE. Rule made

returnable forthwith.

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          2]               Learned advocate for the petitioner submitted that earlier the

petitioner was released on emergency parole by the authority however,

subsequently, he is brought in jail and thereafter he again moved

application for emergency parole which is rejected. Against that, this

petition is filed challenging the order of cancellation of earlier order

granting him emergency parole.

3] The State has filed detailed reply dated 21/09/2021 filed by

Superintendent, Nagpur Central Prison, Nagpur. From perusal of the

reply, it is apparent and crystal clear that after the petitioner was released

on emergency parole and it was also extended by the authority, he has

taken undue advantage of his liberty and started creating ruckus in the

society. When the petitioner was found creating nuisance and ruckus in

the society, the Assistant Police Inspector, Crime Branch, Nagpur brought

him in jail.

4] The present petition is filed under Article 226 of the

Constitution of India. The petitioner has misused the liberty granted to

him on earlier occasion. In our view, the order passed by the authority in

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cancelling the earlier emergency parole cannot be faulted with in view of

the conduct on the part of the petitioner. No case is made out by the

petitioner.

5] The writ petition is dismissed. Rule is discharged. Pending

application(s), if any, stand(s) disposed of.

                            (JUDGE)                                (JUDGE)




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