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2018 DIGILAW 1267 (BOM)

Amit Ashok Shinde v. Divisional Commissioner, Nagpur Division, Nagpur

2018-05-09

M.G.GIRATKAR

body2018
JUDGMENT M. G. Giratkar, J. - Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties. 2. The petitioner has invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. 3. The petitioner has applied for grant of parole leave for a period of 14 days for the purpose of marriage of his sister. His application came to be rejected on 4.5.2018 on the ground that he is convicted for the offence punishable under the Indian Arms Act. 4. Mr.V.P.Gangane, learned A.P.P. for the Respondents has pointed out the report of Assistant Police Commissioner, Thane and submitted that, to maintain law and order situation in Dahisar area, the petitioner shall not be released. 5. Previously, the petitioner was released on parole and furlough on seven occasions. In the month of January, 2018, this Court directed the Prison Authority to release the petitioner on furlough leave. While passing the order in W.P.No.1069/17, this Court has observed as under : "No doubt that the petitioner was convicted for the offence punishable under Sections 120B, 302, 394, 397 of Indian Penal Code by the learned Sessions Judge, Sindhudurg in the year 2003. The Apex Court converted the sentence to rigorous imprisonment for life on 27.02.2014. The petitioner has undergone an imprisonment for a period of 13 years, 7 months and 18 days. The petitioner was released on furlough leave on 3 occasions after 27.02.2014 and on parole leave also on 3 occasions after 27.02.2014. On all the occasions, the petitioner has reported in the prison on due dates. Though it is not clear either from the petitioner or from the reply as to whether the petitioner has completed the sentence for the offence of decoity, we can raise such presumption for the reason that the petitioner was released on furlough and parole subsequently after 27.02.2014. We, therefore, do not find substance in the stand taken by the respondents." 6. The petitioner has prayed for grant of parole leave for a period of 14 days as his sister is to be married on 11th May, 2018. Perused the copy of Invitation Card filed along with the petition. From the perusal of the Invitation Card, it is clear that Sangita d/o. Ashok Shinde is to be married with one Omprakash on 11.5.2018. Marriage will be performed at Bhayender. 7. Perused the copy of Invitation Card filed along with the petition. From the perusal of the Invitation Card, it is clear that Sangita d/o. Ashok Shinde is to be married with one Omprakash on 11.5.2018. Marriage will be performed at Bhayender. 7. The respondent/Jail Authority has not considered the ground for parole and wrongly rejected his application. Looking to the urgency, the petitioner is entitled for parole leave for a period of 14 days. Hence, the respondent/Jail Authority is directed to release the petitioner on parole leave for a period of14 days. He be released today in the evening after obtaining cash security of Rs. 15,000/and personal bond of Rs. 25,000/of the convict. Necessary documents may be executed by the petitioner himself. The petitioner shall surrender before the Jail Authority on the due date else the cash security should be forfeited to the Government. 8. The parties to act on the steno copy. Steno copy of this Judgment be provided to the parties. Order accordingly.