Bombay High Court
Shubham Vilas Nimgade (In Jail) vs State Of Maharashtra Thr. ... on 14 June, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
wp499.18.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.499/2018
PETITIONER: Shubham Vilas Nimgade
Convict No.B/9307,
Aged Major, Occu. Nil,
Confined at Central Prison, Nagpur.
...VERSUS...
RESPONDENT: State of Maharashtra,
through Superintendent, Central
Prison, Nagpur.
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Ms L.Y. Malewar, Counsel for petitioner
Ms T.H. Udeshi, APP for respondent
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CORAM : R.K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
DATE : 14/06/2018
ORAL JUDGMENT (PER : R.K. DESHPANDE, J.)
1. Rule, made returnable forthwith. By consent, the writ petition is heard finally.
2. The petitioner is the convict for the offence punishable under Section 376 (2) (1) and (p) of the Indian Penal Code and he is sentenced to suffer rigorous imprisonment for a period of ten years with fine of Rs.1,000/-. The petitioner has already undergone ::: Uploaded on - 14/06/2018 ::: Downloaded on - 15/06/2018 01:40:22 ::: wp499.18.odt 2 four years of imprisonment. The application for release on emergency parole for a period of fourteen days has been rejected on the ground that the rituals relating to the death of his father are over and the purpose to grant him emergency parole has come to an end. It is urged that the convict for the offence punishable under Section 376 of the Indian Penal Code is not entitled to regular parole or furlough and the appeal filed by him against the conviction is pending before this Court.
3. The emergency parole, as provided under Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959, is not restricted to perform the rituals but to meet the relatives upon death. The parole was sought on account of the death of father of the convict and he was entitled to be released on emergency parole for a period of fourteen days.
4. In view of above, the order dated 16/5/2018 rejecting the application of the petitioner/convict for releasing him on parole is required to quashed and set aside. Hence, we pass the following order.
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wp499.18.odt 3 O R D E R
(i) Criminal Writ Petition No.499/2018 is allowed. The order dated 16/5/2018 passed by the respondent - Superintendent of Central Prison, Nagpur is hereby quashed and set aside.
(ii) The petitioner be released on emergency parole for a period of fourteen days on the terms and conditions which the Authority will impose.
It is informed that the petitioner will have to go to the place at Chandrapur upon his release on parole to meet his relatives.
(iii) The Authority can impose the condition of his daily attendance to the concerned Police Station at Chandrapur.
Rule is made absolute in the aforesaid terms. (Arun D. Upadhye, J.) (R.K. Deshpande, J.) Wadkar, P.S. ::: Uploaded on - 14/06/2018 ::: Downloaded on - 15/06/2018 01:40:22 :::