Bombay High Court
Manoj Bhimrao Chaundate vs Divisional Commissioner, Amravati ... on 2 February, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1408-DB
Judgment wp668.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION No. 668 OF 2023.
Manoj Bhimrao Chaundate,
Aged 45 years, resident of
Govind Nagar, Hingoli Naka,
Tahsil and District Nanded.
C/674, Morshi Open Prison,
Amravati). ... PETITIONER.
VERSUS
1.Divisional Commissioner,
Amravati Division,
Amravati.
2.Superintendent of Prison,
Open Prison, Morshi,
District Amravati. ... RESPONDENTS.
---------------------------------
Ms S. Khobragade, Advocate for the Petitioner.
Ms N. Tripathi, A.P.P. for Respondents.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : FEBRUARY 02, 2024.
Rgd.
Judgment wp668.23
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 Section 302 of the Indian Penal Code and is
serving life sentence. The petitioner has completed 9 years of
imprisonment and presently he is housed in Open Prison. The
petitioner has applied for regular parole leave on account of illness
of his mother. Respondent no.1- authority has obtained police
verification report which has favoured the petitioner, however, the
respondent has rejected parole leave on the ground that the
petitioner is ineligible in terms of Rule 19[c][ii] ] of the Prison
(Bombay Furlough and Parole) Rules, 1959 which provides that the
prisoner would be entitled for second parole only after 1 ½ year
from his earlier release.
Rgd.
Judgment wp668.23
3. The issue is squarely covered by the Full Bench decision of
this Court in case of Kantilal Jaiswal .vrs. Divisional Commissioner,
Nagpur - 2019 [6] Mh.L.J. 186, which was followed in several other
decisions, including the decision in case of Amit Gandhi .vrs. State of
Maharashtra - Criminal Writ Petition No.47/2023 decided on
24.01.2023. Besides that the police verification report is favourable,
hence, the denial on account of Rule 19[c][iii] of the Rules would
not sustain in the eyes of law. In view of above petition needs to be
allowed. Hence the following order.
ORDER
(i) Criminal Writ Petition is allowed and disposed of.
(ii) The impugned order dated 30.05.2023 passed by the
Divisional Commissioner, Amravati Division, Amravati is
hereby quashed and set aside. The petitioner is held
entitled to regular parole for the period as permissible in
law. The Authority shall pass appropriate orders in that
regard within a period of two weeks from the date of
Rgd.
Judgment wp668.23
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 18:26:30
