Gyandeo Vishnu Ghuge C/900 v. The State Of Maharashtra And Others

942 WP.947.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

942 CRIMINAL WRIT PETITION NO.947 OF 2023 Gyandeo Vishnu Ghuge C/9090.

... Petitioner

Versus

1.

The State of Maharashtra.

The Divisional Commissioner Aurangabad Division, Aurangabad.

3.

The Superintendent Harsool Central Prison at District Aurangabad.

... Respondents ...

Ms. Sharada Pundlik Chate, Advocate for Petitioner. Mr. R. V. Dasalkar, APP for Respondents.

...

CORAM :

R. G. AVACHAT and SANJAY A. DESHMUKH, JJ.

DATE :

19th August, 2023.

Per Court:

.

The wife of the petitioner is at an advanced stage of pregnancy. The petitioner has, therefore, asked for parole for thirty days. His prayer has been rejected on the ground of there being no lapse of 1 and 1⁄2 years post his last release on furlough. The learned APP informs that whether the proviso to Rule 19(2) of the Prisons (Bombay Furlough and Parole) Rules, 1959, is to be retained or not, is under consideration by a committee constituted therefor.

942 WP.947.2023.odt Since according to the petitioner, there is no one to take care of his wife and it was a case of love marriage, we grant him parole for a period of thirty days from the date of his release. He shall mark his presence at the concerned police station on alternate day. This period of thirty days parole may be adjusted in a parole that may be accrued to the credit of the petitioner for the next year. The authorities concerned may impose usual conditions while giving effect to this order.

The criminal writ petition is disposed of.

[ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga