Bombay High Court
Ranjeetsingh Gulabsingh Chungade @ ... vs State Of Mah., Thr. Divisional ... on 26 June, 2019
Author: Pushpa V. Ganediwala
Bench: P.N. Deshmukh, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.479 OF 2019
(Ranjeetsingh Gulabsingh Chungade vs. State and another)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr.S.G.Joshi, Advocate for the petitioner.
Ms T.H.Udeshi, A.P.P. for respondent nos. 1 and 2.
CORAM : P. N. DESHMUKH &
PUSHPA V. GANEDIWALA, JJ.
DATE : 26.6.2019.
In order dated 24.6.2019 passed by this Court, a reference is made to order of D.I.G. (Prisons), Nagpur which is passed in compliance to Order of this Court dt.20.6.2019, by which the respondents/Authorities were directed to decide application filed by petitioner for grant of Emergency Parole on 10.6.2019, enabling him to attend marriage of his son which was scheduled on 25.6.2019 at Aurangabad. Accordingly, it is noted that the Competent Authority granted Emergency Parole to petitioner during the period from 24.6.2019 to 26.6.2019. On the earlier date, the petition was pressed for extension of parole leave for a further period over and above three days as granted and the matter was adjourned for today to enable the learned Additional Public Prosecutor to obtain instructions ::: Uploaded on - 26/06/2019 ::: Downloaded on - 27/06/2019 06:31:11 ::: 266wp479.19.odt 2/6 with regards to police report, as, Emergency parole for three days was granted as petitioner made out its case without obtaining police report. However, for further extension, police report was necessary. Accordingly, learned Additional Public Prosecutor has placed on record additional affidavit-in-reply. Perusal of the same would reveal that, apart from two crimes, as stated in the earlier reply on record for the offences under Section 307 of the Indian Penal Code and under Section 302 of the Indian Penal Code respectively. Admittedly, on trial though the petitioner is found convicted for the offence punishable under Section 307 of the Indian Penal Code, in appeal he is acquitted and is undergoing sentence of life imprisonment for the offence under Section 302 of the Indian Penal Code. Apart from these two crimes some proceedings were initiated against the petitioner in the year 1994 under the provisions of the Code of Criminal Procedure. Learned Additional Public Prosecutor has also tendered at bar copy of Production Warrant issued against the petitioner, from which it reveals that the petitioner's presence is required before the concerned Court where charge-sheet is likely to be filed against him in the crime which is registered for the offence punishable under Section 326 of the Indian Penal Code. From the police report, thus, it is found that the petitioner is involved in ::: Uploaded on - 26/06/2019 ::: Downloaded on - 27/06/2019 06:31:11 ::: 266wp479.19.odt 3/6 the above cases.
Learned Counsel for the petitioner makes a statement that though, on the earlier date of hearing, amount of Rs.40,000/- was stated as an approximate amount likely to be required to be spent by the petitioner towards Police Escort and transport charges enabling his transfer from Central Jail, Amravati to Aurangabad to attend marriage of his son, actual expenses when calculated by police, came to the extent of Rs.1,15,000/-. It is contended that since the petitioner was unable to bear huge expenses as aforesaid, in spite of grant of Emergency Parole for three days from 24.6.2019 to 26.6.2019, he did not avail the same and as such, is deprived of attending his son's marriage.
Learned Counsel for the petitioner, in the background of above facts, has, therefore, submitted that as per his instructions, marriage reception of petitioner's son is scheduled on 28.6.2019 at his house at Akola and prays that petitioner be allowed to attend the same under Police Escort by imposing suitable conditions and for that purpose, has relied upon sub-rule (B) of Rule 19(1) of the Prisons (Bombay Furlough and Parole) Rules, 1959. Perusal of said sub-rule (B) would reveal that when a convict is found entitled for Emergency Parole for various reasons as stated therein including that of marriage of son ::: Uploaded on - 26/06/2019 ::: Downloaded on - 27/06/2019 06:31:11 ::: 266wp479.19.odt 4/6 etc., it is for the Competent Authority to decide whether prisoner on parole leave shall be under Police Escort or on a condition to report daily to the Local Police Station depending upon the nature of crime committed by the prisoner and his conduct during his stay in prison. This provision further clarifies that, the expenses of Police Escort will be borne by prisoner himself prior to his release on parole.
In view of above stated provisions, it is, therefore, clear that, in the event petitioner is allowed to visit Akola under Police Escort, he has to bear expenses of Police Escort before availing parole leave. This provision also entitles the Competent Authority to allow Emergency Parole by issuing directions to the prisoner to mark his presence to the Local Police Station on daily basis.
Considering the undisputed fact that since the petitioner was unable to bear huge expenses towards Police Escort and transport, he was unable to attend marriage of his son scheduled on 25.6.2019, though he was granted three days parole, we find request made by the petitioner to allow him to attend marriage reception of his son scheduled on 28.6.2019 at Akola to be reasonable as, even on considering police report and other documents, the offences thereof are of the years 2001, 1994, 1994 and 2015. Nothing is stated by the ::: Uploaded on - 26/06/2019 ::: Downloaded on - 27/06/2019 06:31:11 ::: 266wp479.19.odt 5/6 respondents in affidavit-in-reply like Jail punishment etc. against the petitioner. As such, we prima facie find that the petitioner's conduct in jail is not objectionable. In that view of the matter, we pass the following order.
Petition is partly allowed.
Petitioner is allowed Emergency Parole for remaining present at Akola on 28.6.2019 for attending marriage reception of his son in the evening subject to petitioner's satisfying respondent no.2 of any such marriage reception at Akola and on providing his residential address at Akola where said marriage reception is stated to be scheduled, on imposing all other conditions as per Rules by the Competent Authority.
In addition to conditions whatsoever imposed by the Competent Authority, petitioner on reaching Akola and before leaving back to Amravati, shall mark his presence with Local Police Station within whose jurisdiction his residential house is situated and shall surrender to jail on the following day on 29.6.2019 by 11.00 a.m. Parties to act upon copy of this order duly authenticated by the Shirestedar of this Court.
JUDGE JUDGE jaiswal ::: Uploaded on - 26/06/2019 ::: Downloaded on - 27/06/2019 06:31:11 ::: 266wp479.19.odt 6/6 ::: Uploaded on - 26/06/2019 ::: Downloaded on - 27/06/2019 06:31:11 :::