Pradeep @ Shetty Shriniwas Regundawar vs State Of Mah. Thr. Divisional ...
2024 Latest Caselaw 332 Bom

Bombay High Court

Pradeep @ Shetty Shriniwas Regundawar vs State Of Mah. Thr. Divisional ... on 8 January, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:298-DB


                                                                     1                               10.wp.412.23.odt



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

                                   CRIMINAL WRIT PETITION NO. 412 OF 2023

                    Pradeep @ Shetty Shriniwas Regundawar,
                    Convict No. C/9290,
                    Aged - 28 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 :- 08.01.2023


               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 for the reason of

reconstruction of his house. The respondent No.1 - Divisional

Commissioner, Nagpur has rejected the application of the petitioner by 2 10.wp.412.23.odt

contending that the petitioner surrendered late on earlier occasion as well

as in view of Rule 19(3)(C)(ii) of the Prisons (Bombay Furlough and

Parole) Rules, 1959, the petitioner is not eligible for release since he has not

completed the period of one and half year of actual imprisonment from

earlier release.

3. Learned Counsel for the petitioner has relied on the Full Bench

decision of this Court in Criminal Writ Petition No.1046/2018 (Kantilal

Nandlal Jaiswal Vs. Divisional Commissioner, Nagpur Division, Nagpur and

Anr.) decided on 07.08.2019 to contend that Rule 19(C)(ii) has been struck

down being violative of the Article 14 of the Constitution of India. Though

the Rules have been amended, however, similar rider has been brought by

the amended Rules. This Court has considered the said position in the case

of Sachin Bharat Borule Vs. Divisional Commissioner, Amravati and Anr.

(Criminal Writ Petition No.491/2023) decided on 10.08.2023.

4. By applying the ratio of above decisions, we find no difficulty in

accepting the urge for grant of parole leave.

5. In view of the above, application is allowed. Impugned order

dated 09.03.2023 is hereby quashed and set aside. The respondent -

Authority shall pass a fresh order for grant of regular parole within four

weeks by imposing suitable terms and conditions as it deems fit.

3 10.wp.412.23.odt

6. Rule is made absolute in above terms.

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

RGurnule

Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 10/01/2024 12:24:07