Bombay High Court
Amit Ashok Shinde vs Divisional Commissioner, Nagpur ... on 9 May, 2018
Equivalent citations: AIRONLINE 2018 BOM 92
Author: M.G.Giratkar
Bench: M.G.Giratkar
1 wp465.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.465 OF 2018
Amit Ashok Shinde
(In Jail), Convict No.C-7840,
Nagpur Central Prison,
Nagpur. .......... PETITIONER
// VERSUS //
1.Divisional Commissioner,
Nagpur Division,
Nagpur.
2.Jail Superintendent,
Nagpur Central Jail,
Nagpur. .......... RESPONDENTS
____________________________________________________________
Mr.Mir Nagman Ali, Advocate for the Petitioner.
Mr.V.P.Gangane, A.P.P. for the Respondents.
____________________________________________________________
::: Uploaded on - 09/05/2018 ::: Downloaded on - 10/05/2018 02:12:08 :::
2 wp465.18.odt
CORAM : M.G.GIRATKAR, JJ.
DATED : 9TH MAY, 2018.
ORAL JUDGMENT :
1. 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.
::: Uploaded on - 09/05/2018 ::: Downloaded on - 10/05/2018 02:12:08 :::
3 wp465.18.odt
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 120-B, 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. "::: Uploaded on - 09/05/2018 ::: Downloaded on - 10/05/2018 02:12:08 :::
4 wp465.18.odt
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. 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. ::: Uploaded on - 09/05/2018 ::: Downloaded on - 10/05/2018 02:12:08 :::
5 wp465.18.odt
8. The parties to act on the steno copy. Steno copy of this Judgment be provided to the parties.
JUDGE [jaiswal] ::: Uploaded on - 09/05/2018 ::: Downloaded on - 10/05/2018 02:12:08 :::