Ajit S/O Chandrakant Rane vs Divisional Commissioner, ...
2022 Latest Caselaw 4382 Bom

                                                    1                                    crwp54.22.odt


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

                CRIMINAL WRIT PETITION NO. 54 OF 2022


      Ajit s/o Chandrakant Rane
      Aged about 45 years
      R/o House No.217/218, Hall Village
      Road, in front of Akash Bakery, Father
                                             ... PETITIONER
      Peter Parera Road, Kurla West, Mumbai
      Convict No.C-5014, At present Amravati
      Central Prison.

             ---VERSUS---

  1. Divisional Commissioner,
     Amravati Division, Amravati
  2. Superintendent of Jail,
     Central Prison, Amravati,
     District Amravati.                                         ...RESPONDENTS

 -------------------------------------------------------------------------------------------
 Ms S.B. Khobragade, Advocate for petitioner.
 Ms N.R. Tripathi, Additional Public Prosecutor for respondent.
 -------------------------------------------------------------------------------------------

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

               DATE            : 26th APRIL, 2022.


 JUDGMENT : (PER - AMIT BORKAR, J.)

 1.            Heard.

2. Rule. Rule made returnable forthwith.

3. By this writ petition under Article 226 of the

Constitution of India the petitioner is challenging order dated

2 crwp54.22.odt

04.11.2021 passed by the respondent no.1 refusing to release the

petitioner on parole for 45 days.

4. The impugned order, it appears that the application of

the petitioner has been rejected on the ground that the petitioner

has failed to complete the period of six months from the last date

of release on furlough leave.

5. The learned counsel for the petitioner submitted that as

of today, required period of six months is complete. Therefore

petitioner is now eligible for release on emergency parole.

6. In view of settled position of law, the rights of the

prisoner need to be considered as were available on the date of

filing of the application and not on the date of consideration of the

same. In view of said position, it would be in the interest of justice

to relegate the petitioner to file fresh application before the

respondent no.2 for disposal in accordance with law.

7. We therefore pass the following order:

(i) The writ petition is disposed of.

(ii) The petitioner shall be entitled to file fresh application for his

release on parole for period of 45 days, if he otherwise

eligible in accordance with Rules of 1959.

3 crwp54.22.odt

(ii) Considering the peculiar facts of the case, the respondent no.2

shall decide the application for release on parole within

period of 15 days from the date of filing of the application.

Rule in above terms. Pending application(s), if any, stand(s)

disposed of.

                          JUDGE                                      JUDGE

Wagh