Kailash Vitthalrao Waghmare vs Divisional Commissioner, Nagpur ...
2024 Latest Caselaw 26052 Bom

Bombay High Court

Kailash Vitthalrao Waghmare vs Divisional Commissioner, Nagpur ... on 26 September, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:10821-FB




               Judgment                                                       wp769.24

                                                  1


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



                          CRIMINAL WRIT PETITION NO. 769 OF 2024.


               Kailash Vitthalrao Waghmare,
               Aged 45 years, resident of Ekamba
               Tahsil Himayatnagar, District
               Nanded C/300, Open Prison, Nagpur.           ...     PETITIONER.


                                              VERSUS

               1.Divisional Commissioner,
               Nagpur Division, Nagpur.

               2.Superintendent of Jail,
               Open Prison, Nagpur,
               District Nagpur.                             .. RESPONDENTS.


                                      ---------------------------------
                           Ms S.B. Khobragade, Advocate for the Petitioner.
                               Mr. A.M. Joshi, A.P.P. for Respondents.
                                     ----------------------------------


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

                                            DATE      : SEPTEMBER 26, 2024.

               Rgd.
 Judgment                                                         wp769.24

                                    2




ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard.

Rule. Rule is made returnable forthwith and by consent of

the learned Counsel for the parties, the matter is taken up for final

disposal.

2. The petitioner has prayed for grant of parole leave on

account of illness of his father. The Authority has rejected his urge by

the impugned communication dated 11.07.2024. The rejection is

mainly on the ground that mother of petitioner has refused to stand as

surety.

3. As regards to reason for seeking parole is concerned, that is

not in dispute. The learned Counsel for the petitioner would submit

that mother of the petitioner is an illiterate lady and she is ready to

stand as surety, however, mistakenly the police has understood that

she does not wish to stand as surety. In the circumstances, we proceed

Rgd.

                             Judgment                                                              wp769.24



                            to pass the following order.



                                                                ORDER


                                      [i]    Criminal Writ Petition is allowed and disposed of.

[ii] The order dated 11.07.2024 passed by respondent no.1 is hereby quashed and set aside. The matter is relegated back to the said Authority, where the mother of petitioner shall appear and express her willingness about acting as surety for the petitioner, on which the Authority shall pass appropriate order within a period of four weeks.

[iii] Rule is made absolute in aforesaid terms with no order as to costs.

                                                JUDGE                         J UDGE




                            Rgd.

Signed by: R.G. Dhuriya (RGD)

Designation: PS To Honourable Judge Date: 30/09/2024 10:16:57