Bombay High Court
Anilkumar Sadashiv Mishra @ Anil ... vs The State Of Maharashtra And Ors on 22 December, 2020
Author: M.S. Karnik
Bench: S.S.Shinde, M.S.Karnik
cri.wp 6108-2020.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION ST. NO. 6108 OF 2020
Anilkumar Sadashiv Mishra
@ Anil Maharaj @ Anil Shalikram,
Age : 55 yrs., at village (Gram) -
Nakhadpur, Post : Sarai Durgadas,
Bada Post - Rajabazar Thana
Tehsil : Badlapur, Dist. Jaunpur,
Uttar Pradesh - Prisoner No.C/12169 ..Petitioner
vs.
1. The State of Maharashtra
through it's Chief Secretary,
Mantralaya (at the instance of
Dindoshi Police Station in
C.R.No.70/1998, Yerwada Central Jail.
2. The Deputy Inspector General of Police
Western Region, Yerwada, Pune - 06.
3. Superintendent Jail
Yerwada Police Station, Pune - 06.
4. The Sr. Inspector of Police
Maharajganj Police Station,
Tahisil : Badlapur, District : Jonpur, U.P. ..Respondents
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cri.wp 6108-2020.doc
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Mr. Prosper D'Souza for the petitioner.
Mr. S.R. Shinde, APP for State.
----------------------------
CORAM : S.S.SHINDE &
M.S.KARNIK, JJ.
DATE : DECEMBER 22, 2020.
JUDGMENT :(PER M.S. KARNIK, J.) Rule. Rule is made returnable forthwith. Heard fnally with the consent of the learned counsel appearing for the parties.
2. This Petition fled under Article 226 of the Constitution of India challenges the impugned order dated 12/11/2020 passed by the respondent No.3 - Superintendent of Jail rejecting the application made by the petitioner for grant of death parole for 40 days for performing the rituals and religious rites for his deceased son.
3. The petitioner was convicted for the ofence punishable under Section 302 of the Indian Penal Code ('IPC' for short) and sentenced to undergo life imprisonment in Sessions Case No. 1192 of 1998. The petitioner is a resident of District Jounpur, Uttar Pradesh.
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cri.wp 6108-2020.doc
4. Learned counsel for the petitioner submitted that on 23 rd / 24th October, 2020, there was explosion of LPG Gas Cylinder in his residential house at District - Jounpur, Uttar Pradesh. His nephew Master Aniket died in the incident and his son namely Master Harsh, aged 15 years was seriously injured. The petitioner's niece Ms. Neha, aged 12 years and Ms. Kalu, aged 7 years also sufered serious injuries in the accident. The petitioner's son succumbed to the injuries on 1/11/2020. The petitioner submits that he has to perform rituals of his son and ofer prayers within 40 days. His family members are waiting for his arrival.
5. The application made by the petitioner is rejected on the ground that in the year 2003 when the petitioner was released on parole, he did not return to prison in time. The petitioner had to be arrested and brought back to prison. The petitioner was granted parole on 22/7/2003. The petitioner exceeded his parole leave by 2677 days and was brought back to prison on 18/12/2010.
6. The petitioner has undergone more than 14 years, 11 months and 19 days of imprisonment. The petitioner was released on parole for the period from 26/5/2019 to 31/5/2019 on 3/5 cri.wp 6108-2020.doc account of marriage of his son for a period of 5 days under escort. The charges of the escort were borne by the petitioner.
7. Considering the past conduct of the petitioner, in that he had to be arrested and brought back to prison after an overstayal of parole leave by 2677 days, we do not think this to be a ft case to release the petitioner on parole. However, in the interest of justice, we direct that the petitioner be released on parole for a period of fve days under escort to enable him to perform the rituals of his deceased son. The expenses of the escort to be borne by the petitioner. Hence the following order :
ORDER (I) The Writ Petition is allowed. (II) The impugned order is set aside. (II) The petitioner be released on parole for a period of 5 days under escort, the expenses of which are to be borne by the petitioner.
(IV) On deposit of the escort charges, the petitioner forthwith be released on parole under escort for a period of 5 days on the usual terms and conditions. 4/5
cri.wp 6108-2020.doc
8. Rule is made absolute in the above terms.
9. The Writ Petition is disposed of accordingly. Digitally signed by
10. This judgment will be digitally signed by the Personal Diksha Diksha Rane Rane Date:
2020.12.28 Assistant of this Court. All concerned will act on production by fax 14:24:09 +0530 or email of a digitally signed copy of this judgment.
(M.S.KARNIK, J.) (S.S.SHINDE, J.)
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