Mohammed Zubair @ Tarbej @ Jugnu @ Micco ... vs State Of Mah. Thr. Divisional ...
2024 Latest Caselaw 330 Bom

Bombay High Court

Mohammed Zubair @ Tarbej @ Jugnu @ Micco ... vs State Of Mah. Thr. Divisional ... on 8 January, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:284-DB


                                                                 1                               920.cr.wp.138.23.odt



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


                                   CRIMINAL WRIT PETITION NO. 138 OF 2023


                    Mohammed Zubair @ Tarbej @ Jugnu @
                    Micco Qasim Shaikh, Convict No.C/10783,
                    Aged - 49 Years, Occ. Nil,
                    Confined at Central Prison, Nagpur.     ... PETITIONER

                               ...VERSUS...

                1. State of Maharashtra,
                   Through Divisional Commissioner,
                   Nagpur.
                2. The Superintendent,
                   Central Prison, Nagpur.                                        ... RESPONDENTS

               ------------------------------------------------------------------------------------------------
               Mrs. Shweta Wankhede (Chavhan) Advocate for Petitioner.
               Ms. N. R. Tripathi, A.P.P. for respondents/State.
               -----------------------------------------------------------------------------------------------

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

                                             DATED :- 08.01.2024


               ORAL JUDGMENT (PER : VINAY JOSHI, J.):-

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of learned counsel appearing for the parties.

2. The petitioner has applied for regular parole on the ground of

illness of his mother. The respondent No.1 - Divisional Commissioner, 2 920.cr.wp.138.23.odt

Nagpur has rejected the parole leave on the ground that an offence has

been registered against surety and no satisfactory documents are tendered

in support of medical ailment of the mother.

3. The petitioner would submit that he has furnished another surety

and besides the old certificate he has tendered some documents about the

ailment of her mother. Certainly, the matter requires fresh consideration.

4. In view of the above, we hereby quash and set aside the

impugned order dated 10.11.2022. The matter is remitted back to the

respondent No.1 - Authority for fresh consideration.

5. The petitioner is at liberty to produce necessary medical papers

before the Authority who shall take appropriate decision within four weeks

from tendering of the documents.

6. Rule is made absolute in above terms.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

Signed by: Mrs. R.M. MANDADE RGurnule Designation: PA To Honourable Judge Date: 10/01/2024 12:05:43