Bombay High Court
Shyamal Shakar Dutta vs Divisional Commissioner Amravati And ... on 19 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:9248-DB
Judgment 902 wp 602.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 602/2024
Shyamal Shankar Dutta
(In Morshi Open Prison)
aged about 34 yrs., Occ NA,
R/o. Shodhpur, Apurva Nagar,
North 24 Pargana, West Bengal.
... PETITIONER
VERSUS
1. Divisional Commissioner,
Amravati, Dist. Amravati.
2. Superintendent of Open Prison,
Morshi, Dist. Amravati.
... RESPONDENTS
---------------------------------
Mrs. Ratna Singh, Advocate for petitioner.
Mrs. N. Tripati, Addl. Public Prosecutor for respondent Nos. 1 & 2.
----------------------------------
CORAM : VINAY JOSHI AND
MRS. VRUSHALI V. JOSHI, JJ.
DATE : 19.08.2024.
ORAL JUDGMENT (PER: VINAY JOSHI, J.) :
Rule. Rule made returnable forthwith. Heard finally with
consent of learned counsel appearing for the parties.
Judgment 902 wp 602.24
2. The petitioner has been convicted for the offence
punishable under Sections 302, 324, 506(ii) of the Indian Penal Code
and undergoing life imprisonment. The petitioner after completion of
initial three years of imprisonment has been transferred to the Open
Prison, where he has undergone ten years of imprisonment. The
petitioner has applied for grant of parole leave on 16.10.2023 for
illness of his wife and for delivery. The Authority has rejected parole
leave vide communication dated 26.07.2024 by stating that as there is
adverse police report, and the petitioner is not entitled for parole leave
due to bar under Rule 19(3)(g)(ii) of the Prison (Bombay Furlough
and Parole) Rules, 1959 ("the Rules of 1959").
3. So far as the last ground about Rule 19(3)(g)(ii) of the
Rules 1959 is concerned, the said aspect has been considered by this
Court in Full Bench decision in case of Dipak Sudhakar Wakalekar
Vs. State of Maharashtra and ors. , 2011 Cr.L.J. 3263 and therefore, it
no longer survives. We have gone through the adverse police report.
It is stated that the surety provided by the petitioner is not capable.
Moreover, one additional reason has been assigned by the Police that
Judgment 902 wp 602.24
Lok Sabha Election 2024 was to be held in West Bengal and there
would be problem of breach of peace. By the time, the Lok Sabha
Election is over. The learned counsel appearing for the petitioner has
attracted our attention to proviso of Rule 6 of the Rules of 1959 to
contend that when the convict is confined in open prison, he can be
released on parole or furlough by the Sanctioning Authority by
dispensing with the requirement of surety. In this regard, she also
relied on the decision of this Court in case of Dipak Wakalekar
(supra).
4. Moreover, the learned counsel appearing for petitioner
would submit that on the basis of same surety, the petitioner was
released on furlough and he had returned on due date. There is no
resistance to this submission. The learned APP would submit that the
petitioner's wife has already delivered a baby on 24.07.2024 and thus,
the ground no longer survives. In response, the petitioner reiterates
that he has requested for parole leave not solely on the ground of
delivery but also of ailment of his wife so that he can take care of his
wife. Moreover, one should consider the post delivery care of lady by
Judgment 902 wp 602.24
her kin.
5. In the above circumstances, we hold that the petitioner is
entitled for grant of parole leave, hence following order:-
(I) Petition stands allowed. We hereby quash and set aside
the impugned order dated 26.07.2024.
(II) The Authority shall grant parole leave to the petitioner
for the period as permissible under the Rules by imposing
conditions which the Authority may deem fit.
(III) The Authority shall dispense with the condition of
surety while imposing conditions and he be released on
personal bond.
6. Petition stands disposed of in above terms.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PA To Honourable Judge
Date: 21/08/2024 10:34:48
