Annasaheb S/O. Bhagchand Ghavte v. The State Of Maharashtra And Others

Cri.W.P.727/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIMINAL WRIT PETITION NO. 727 OF 2017 WITH CRIMINAL APPLICATION NO.2768 OF 2017 Annasaheb s/o Bhagchand Ghavte, Age 61 years, Occu. Nil., r/o Amalner, Taluka Newasa, District Ahmednagar ..Petitioner

Versus

1.

The State of Mahaarashtra, through its Secretary, Home Department, Govt. of Maharashtra, Mantralaya, Mumbai-32 2.

The Divisional Commissioner, Pune Division, Council Hall, Pune-1 3.

The Superintendent of Prison, Yeroda, Pune-6 ..Respondents Mr C.K. Shinde, Advocate for petitioner Mr S.R. Yadav, A.P.P. for respondents CORAM : R.M. BORDE AND A.M. DHAVALE, J J.

DATE : 8th June 2017 PER COURT Heard learned Counsel for the petitioner and learned Addl. Public Prosecutor for State.

2.

The petitioner was released on emergency parole leave on account of death of his wife for seven days between 29th May 2017 and 3rd June 2017. The petitioner tendered an application seeking extension of parole leave, however, same has been turned down for the reason that the authority is empowered to grant parole leave only for a period of seven days.

Cri.W.P.727/2017 3.

In the facts and circumstances of this case, since the rule does not permit extension of parole leave, the request of the petitioner made in the instant petition does not deserve consideration. However, the petitioner will be at liberty to apply for grant of regular parole leave and if such application is preferred by the petitioner, the authority may consider the same in accordance with the rules. 4.

With above observations, Criminal Writ Petition stands disposed of.

5.

In view of disposal of Criminal Writ Petition, pending Criminal Application No.2768 of 2017 stands disposed of. ( A.M. DHAVALE, J.) ( R.M. BORDE, J.) vvr