Vasant Sitaram Pawar v. The State Of Maharashtra

criwp334.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 334 OF 2016 Vasant Sitaram Pawar .. PETITIONER

VERSUS

The State of Maharashtra .. RESPONDENT Petitioner through Open Prison, Paithan.

Mr. K.S. Patil, APP for the State.

===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 2nd APRIL, 2016.

PER COURT :

1.

Petitioner is praying for his release on furlough with a view to attend marriage of his son which is scheduled today i.e. 02.04.2016. Application has been rejected on the ground that petitioner was earlier released on parole on 11.11.2015 and has reported at prison on 11.12.2015. Since the petitioner has not completed a period of imprisonment of six months after his earlier release, his application has been turned down. 2.

Rule 19 of the Prison (Bombay Furlough and Parole) Rules 1959 provide that a prisoner shall not be released on parole for the period of one year after the expiry of his last parole except in case of death of his nearest relatives mentioned in the aforesaid rules.

3.

In the instant matter, since the time gap between earlier release and the instant application is not within prescription of the rules, application

criwp334.16.doc has been rightly turned down by the authorities. There is no merit in the petition. Writ petition stands rejected.

( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb