Rupesh @ Bhurya S/O. Shrawan Kakde ... vs Divisional Commissioner, Amravati ...
2024 Latest Caselaw 3247 Bom

Bombay High Court

Rupesh @ Bhurya S/O. Shrawan Kakde ... vs Divisional Commissioner, Amravati ... on 2 February, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:1405-DB




               Judgment                                                      wp722.23

                                                    1


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



                          CRIMINAL WRIT PETITION No. 722 OF 2023.


              Rupesh @ Bhurya son of Shrawan
              Kakde - C-5489,
              Aged about 29 years, Occupation - Nil,
              resident of Central Prison, Amravati,
              District Amravati.                              ...     PETITIONER.


                                             VERSUS

              1.Divisional Commissioner,
              Amravati Division, Bypass Road,
              Camp, Tehsil Amravati and
              District Amravati 444602.

              2.Superintendent of Prison,
              Central Prison, Amravati,
              Tehsil Amravati and District
              Amravati 444602.                                ...    RESPONDENTS.


                                     ---------------------------------
                           Mr. S. Jaiswal, Advocate for the Petitioner.
                            Ms N. Tripathi, A.P.P. for Respondents.
                                    ----------------------------------


                                      CORAM : VINAY JOSHI AND
                                                        VRUSHALI V. JOSHI, JJ.

                                      DATE      :       FEBRUARY 02, 2024.

              Rgd.
 Judgment                                                      wp722.23

                                  2



ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard.

Rule. Rule is made returnable forthwith and by consent

of the learned Counsel present for the parties, the matter is taken up

for final disposal.

2. The petitioner has been convicted for the offence

punishable under Sections 397 and 302 of the Indian Penal Code and

is serving life sentence. The petitioner has applied for regular

parole on account of illness of his mother. The authority has

rejected the said urge of the petitioner on the ground of adverse

police report and ineligibility on account of Rule 4[2] of the Prison

(Bombay Furlough and Parole) Rules, 1959.

3. The learned Counsel appearing for the petitioner would

submit that already co-accused Shoyab Ali has applied for regular

parole and having been rejected on the very same ground, this Court

has granted parole leave to him. Rather he would submit that this

Rgd.

Judgment wp722.23

Court has held that Rule 4[2] of the Prison Rules would not come in

the way, if the prisoner has completed the term of sentence imposed

for the offence punishable under Section 397 of the Code. We have

gone through the said reported judgment of this Court in case of

Shoyab Mehtab Ali .vrs. Divisional Commissioner, Amravati Division

and others - 2023 All MR (Cri) 1390, which squarely applies to the

case at hand.

5. As regards the adverse police report, no material has been

produced, beside a speculative inference. The petitioner is in jail

since last 10 years, and till date he was never released either on

parole or furlough. Having regard to said fact, we do not find any

justification in not granting the prayer of the petitioner for grant of

parole. We therefore, proceed to pass the following order.

ORDER

(i) Criminal Writ Petition is allowed and disposed of.

(ii) The petitioner is held entitled to regular parole for the

Rgd.

                             Judgment                                                           wp722.23



                                              period as prescribed in law.    The Authority shall pass

appropriate orders in that regard within a period of two weeks from the date of receipt of this order, by imposing suitable conditions as it may deem fit and proper.

(iii) Rule is made absolute in aforesaid terms.

                                                JUDGE                         JUDGE




                            Rgd.

Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 05/02/2024 18:24:29