Santosh S/O. Ramdas Kalwe vs Deputy Inspector General Of ...
2023 Latest Caselaw 2336 Bom

Citation : 2023 Latest Caselaw 2336 Bom
Judgement Date : 10 March, 2023

Bombay High Court

Santosh S/O. Ramdas Kalwe vs Deputy Inspector General Of ... on 10 March, 2023

Bench: Vinay Joshi, Bharat Pandurang Deshpande

                                                 1               7judwp182.23.odt

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

                    CRIMINAL WRIT PETITION NO. 182/2023
        Santosh S/o. Ramdas Kalwe,
        Aged 30 years, R/o. Dapori,
        Post Kandli, Tah. Malegaon,
        Dist. Washim
        (C/10050, Central Prison, Nagpur)

                                                                            PETITIONER

                                         VERSUS
1.      Deputy Inspector General of
        Prison (East Region), Nagpur.

2.      Superintendent of Jail, Central
        Prison, Nagpur.


                                                                       RESPONDENTS

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Mr. S. Chande, Advocate for petitioner.

Mr. N. R. Tripati, APP for respondent Nos. 1 & 2.

           CORAM                                            : VINAY JOSHI AND
                                                              BHARAT P. DESHPANDE JJ.

          DATE OF JUDGMENT                                 : 10.03.2023


ORAL JUDGMENT (PER VINAY JOSHI, J.)

Rule. Rule made returnable forthwith. Heard learned

counsel appearing for the parties finally.

2. The petitioner raises a challenged to the order dated

06.03.2023 passed by respondent No. 1 Deputy Inspector General of 2 7judwp182.23.odt

Prison (East Region), Nagpur, whereby allowed the special parole

leave with Police escort. The petitioner seeks for modification of

said order by contending that the condition of grant of parole under

the Police Escort is quite harsh and due to financial constraint, the

petitioner is not able to meet.

3. The learned APP would submit that the petitioner was

initially awarded with capital punishment which was commuted by

this Court into life imprisonment. Considering the gravity of

offence, suitable order may be passed.

4. The petitioner was convicted for the offence punishable

under Section 302, 364-A, 201 of the Indian Penal Code. The Trial

Court has sentenced him with capital punishment. In confirmation

case, this Court has commuted the sentence into life imprisonment

vide judgment and order dated 27.07.2022. The petition is in jail

since 10.06.2013.

5. The petitioner has applied for special parole in terms of

Section 19(2)(A) of the Prions (Bombay Furlough and Parole) Rules,

1959 ('Rules of 1959') for the purpose of marriage of his real

brother scheduled to be held on 13.03.2023 at Village Dapuri, Tahsil

Malegaon, District Washim. The Authority though passed impugned

order on 06.03.2023 which communicated him on 09.03.2023 and 3 7judwp182.23.odt

therefore, immediately the petitioner is before this Court. It is

submitted that the petitioner is financially weak and therefore,

could not deposit the Police Escort charges. It is contended that

since last nine years, the petitioner is in Jail till date, neither he was

released on parole leave or furlough leave. The petitioner

undertakes to immediately surrender in Jail and therefore,

requested for grant of special parole without Escort.

6. The matter has come up before us today at 02.30 p.m.

by way of urgent circulation. Tomorrow and day after tomorrow

being holidays and marriage is scheduled on 13.03.2023, there is no

time to seek response from the State by taking instruction from the

Jail Authority. Obviously, if the matter is placed on next working

day i.e. on 13.03.2023, this petition would become infructuous. In

the circumstances, we have considered the cause canvased by the

petitioner. The authority have granted permission, but with a rider

of Police Escort. The Police Paper indicates that the proof of offence

is of kidnapping for ransom and committed murder of minor. The

Trial Court has arrived on the conclusion that it is rarest of the rare

case, however, death penalty has been commuted to the

imprisonment for life. We are in disadvantage to have report from

the Jail Authority about petitioner's conduct and the Police Report, if

any, on his application for special parole. Since the petitioner was 4 7judwp182.23.odt

convicted under Section 364-A of the Indian Penal Code, he was not

eligible for regular parole or furlough leave.

7. Having regard to the gravity of offence, we are not

inclined to grant special parole without Police Escort as the chances

of abscondance cannot be ruled out.

8. Rule 19(C)(ii) of the Rules of 1959 empowers the

Deputy Inspector General of Prison to reduce the amount of Police

Escort or direct to deposit post release or even in exceptional case,

completely waive the payment of charges. Having regard to the

petitioner financial inability and all other situation, we deem it

appropriate to partially waive the Police Escort charges. In view of

that, following order:-

(I) Petition is partly allowed. Impugned order dated

06.03.2023 is modified to the extent of release of

petitioner on special parole for attending marriage on

13.03.2023 at Village Dapuri, Tahsil Malegaon, District

Washim.

(II) The petitioner to deposit Rs. 10,000/- towards

Police Escort charges prior to his release and further

amount of Rs. 10,000/- within four weeks thereafter.

(III) The Jail Authority may impose any other suitable

condition as he deem fit.