Akash Devanand Tempe vs State Of Mah. Thr. The ...
2021 Latest Caselaw 13490 Bom

                                                     1                  crwp648.21.odt

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

                CRIMINAL WRIT PETITION NO.648/2021

      Akash Devanand Tempe
      Aged about 26 years, Kabir Nagar,
      Nagpur (Presently in Central Prison
      Nagpur C-9946)                                          .....PETITIONER

                               ...V E R S U S...

      State of Maharashtra through
      Superintendent of Central Prison,
      Nagpur.                                                 ...RESPONDENT

 ------------------------------------------------------------------------------------------
 Mr. R. Waghmare, Advocate Appointed for petitioner.
 Mr. S. M. Ghodeswar, A.P.P. for respondent-State.
 ------------------------------------------------------------------------------------------

                               CORAM:- V. M. DESHPANDE AND
                                        AMIT B. BORKAR, JJ.

DATED :- 20.09.2021

ORAL JUDGMENT (Per : V. M. Deshpande, J.)

1. Rule. Rule is made returnable forthwith. Heard

finally by consent of learned counsel for the parties.

2. By this writ petition, the petitioner is challenging

order dated 03.06.2020 rejecting his application for releasing

him on emergency parole. Notice was issued in this writ petition

on 17.09.2021.

2 crwp648.21.odt

3. Pursuant to the notice, the respondent-State has filed

its reply. It is taken on record. Mr. Ghodeswar, learned A.P.P.

points out to this Court that the D.I.G. (Prisons), Nagpur has

passed order on 17.09.2021, thereby granting one day parole to

the petitioner. The order is placed on record along with reply.

Perusal of the order would show that for parole when the report

from the police was called, it was favourable to the petitioner.

Similarly, the petitioner has already undergone more than half

of the sentence. However, it was pointed out that on the last

occasion, when the petitioner was released on furlough, he

surrendered one day late, though on his own. Considering this,

by order dated 17.09.2021, the D.I.G. (Prisons), has granted one

day parole to the petitioner.

4. Looking to the fact that the police report is favourable

one, we are of the view that instead of one day, the petitioner

can be released on parole for ten days on completing all the

formalities.

5. Accordingly, the petitioner is granted ten days parole.

The petitioner is directed to surrender himself promptly on

3 crwp648.21.odt

expiry of ten days from the date of his release on parole. It is

made clear that if the petitioner commits breach of condition of

surrendering in time, in future the same will be one of the

adverse considerations for deciding future applications for leave,

if any.

Rule is made absolute in the above terms.

                     JUDGE                            JUDGE



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