Bombay High Court
Pandit Shankar Kalan vs The Divisional Commissioner And Anr on 26 April, 2018
Author: V.K. Tahilramani
Bench: V.K. Tahilramani, M.S. Sonak
3. cri wp 1827-18.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1827 OF 2018
Pandit Shankar Kalan .. Petitioner
Versus
The Divisional Commissioner & Anr. .. Respondents
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Appearances
Mrs.Pooja Thakur Advocate for the Petitioner
Mr. Arfan Sait APP for the State
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CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : APRIL 26, 2018.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner is seeking parole on the ground of marriage of his niece which is to take place on 5.5.2018
3. It is seen that the petitioner has directly approached this Court and has not preferred application for parole to the jfoanz vkacsjdj 1 of 3 ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:45 :::
3. cri wp 1827-18.doc Competent Authority. We are of the opinion that this trend is increasing day by day and it has to be curbed. The proper procedure is to be followed that is to make an application to the concerned Authorities.
4. Rule 19 of the Prisons (Bombay Furlough and Parole) Rules sets out when a prisoner may be released on parole. The rule specifically states that parole can be granted to the prisoner on the ground of marriage of brother, sister and children of prisoner. Thus, it is seen that niece does not fall in the said category, hence, the petitioner is not eligible to be released on parole.
5. Learned counsel for the petitioner drew our attention to the order of this Court in the case of Rajesh Balkrushna Pilley Vs. The State of Maharashtra & Anr. 1 and pointed out that in that case, the petitioner therein was granted parole on the ground of marriage of his niece. However, it appears that Rule 19 of the Prisons (Bombay Furlough and 1 Criminal Writ Petition No. 1277 of 2016 decided on 30.3.2016 jfoanz vkacsjdj 2 of 3 ::: Uploaded on - 27/04/2018 ::: Downloaded on - 28/04/2018 01:32:45 :::
3. cri wp 1827-18.doc Parole) Rules was not pointed out to the Court at that time and it appears that in such case, the said order came to be passed. Now that Rule 19 has been specifically pointed out by the learned APP which clearly states that parole can be granted to the prisoner only on the ground of marriage of brother, sister and children of prisoner, we are of the opinion that the petitioner cannot be granted parole on the ground of marriage of his niece. In this view of the matter, the petition is dismissed.
[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]
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