Avinash Bhimrao Bagade vs State Of Mah. Thr. Deputy ...
2022 Latest Caselaw 12174 Bom

15.cwp.813.22.jud                                                            1/4

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

                    CRIMINAL WRIT PETITION NO.813 OF 2022

Petitioner             :      Avinash Bhimrao Bagade,
                              Convict No.C/9392, Aged 29 years, Occ. Nil,
                              R/o Plot No.219, Nagar, Behind Bharat Petrol Pump,
                              Jaripatka Police Station, Nagpur
                              (Presently Confined at Central Prison, Nagpur)
                              - Versus -
Respondents            :   1) State of Maharashtra,
                              through Deputy Inspector General of Prison,
                              Eastern Region, Nagpur.
                           2) The Superintendent Central Prison, Nagpur.

       =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
       Mrs. Shweta Wankhede (Chavhan), Advocate for the Petitioner.
       Mrs. Nandita Tripathi, A.P.P. for the Respondents.
       =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

               CORAM:      SUNIL B. SHUKRE AND M.W. CHANDWANI, JJ.

DATE : 25th NOVEMBER, 2022.

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

Rule. Rule made returnable forthwith. Heard finally by consent of

the learned Counsel for the parties.

02] The petitioner has been granted special parole of four days to

enable him to attend marriage ceremony of his brother on 27/11/2022 at

Bhilde Mangal Karyalaya, Ambada Road, Behind Kavita Talkies, Paratwada,

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District Amravati. However, the conditions imposed for such a grant,

according to the learned Counsel for the petitioner, are burdensome. One

condition is of the police squad, the expenditure of which is to be borne by the

petitioner. Another condition is of furnishing of security bond of Rs.25,000/-

and furnishing a solvent surety of Rs.25,000/-. The learned A.P.P., however,

submits that the conditions have been imposed in accordance with the

amended Rules, which have been notified on 10/02/2022 and, therefore,

there is no need for interfering with the impugned order.

03] The learned Counsel for the petitioner submits that the petitioner is

financially poor and is not in a position to comply with such burdensome

conditions. She, therefore, prays for doing away the conditions or modifying

the conditions, especially when there is no special reason mentioned for

imposition of such heavy conditions.

04] We find that imposition of these conditions have not been done by

following the procedure prescribed in new Rules amended on 10/02/2022.

These Rules require the Sanctioning Authority to furnish estimate of the police

squad expenditure well in advance to the prisoner. This condition has not

been followed by respondent No.1. The respondent No.1 is also required to

give special reasons for exercising the discretion to impose such conditions, as

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held in the case of Dilip S/o Sopan Pawar Vs. The State of Maharashtra and

another in Criminal Writ Petition No.354/2019 decided on 18/02/2019,

which has also not been followed.

05] So, the question would arise as to whether the conditions in

question be done away with or modified or not. Considering the fact that the

petitioner has been convicted in one more crime by Khandwa Sessions Court,

after his conviction in Crime No.421/2011, we are of the view that instead of

doing away with the aforesaid conditions, the conditions can be modified

suitably. At this stage, the learned Counsel for the petitioner submits that the

petitioner is ready to pay amount of Rs.10,000/- as the charges for the police

squad. Considering his poor financial conditions, the statement so made by

the learned Counsel for the petitioner, on instructions, deserves to be accepted

and it is accepted accordingly.

06] In view of above, the order dated 17/10/2022 is hereby modified to

the extent of the conditions it imposes and now we direct that the petitioner

shall be granted special parole for four days, for the purpose of attending

marriage ceremony of his brother at Paratwada, on following conditions.

i. The petitioner shall deposit an amount of Rs.10,000/-

(Rupees Ten Thousand Only) towards expenditure of the

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police squad with respondent No.2 before he is released on

special parole under the police squad.

ii. The petitioner shall furnish a security bond of Rs.25,000/-

(Rupees Twenty Five Thousand Only).

iii. The petition is partly allowed in the above terms.

            iv.        Rule Accordingly. No costs.


            v.         Authenticated copy of this order be furnished to the

                       learned Counsel for the petitioner.




                  (M.W. CHANDWANI, J.)                                    (SUNIL B. SHUKRE, J.)
*sandesh




                                 Signed by:SANDESH DAULATRAO
                                                         WAGHMARE
                                 Private Secretary to the Hon'ble Judge
                                                Date :25.11.2022 17:36