Navnath Baliram Borade (C-5439) v. The State Of Maharashtra And Others

51-cr.wp.no.1252.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1252 OF 2023 NAVNATH BALIRAM BORADE (C-5439)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ---- Mr.R.A.Jaiswal, Advocate for petitioner Mr.M.M.Nerlikar, APP for respondents ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : AUGUST 29, 2023 ORDER :- Heard.

2.

Learned counsel for the petitioner submits that the petitioner's mother is scheduled to undergo operation of Hysterectomy on 02.09.2023. She is octogenarian. The petitioner needs to be around her since she stays alone, inspite of there being another son. Learned counsel submits that the father of the petitioner is no more. The petitioner is in open prison.

3.

Learned APP submits that the Rules do not permit grant of parole since the gap between his earlier release and the demanded release, is not more than of one and half years.

51-cr.wp.no.1252.2023 4.

Last time, we were informed that the proviso to Rule 19(1)(3) of the Prisons (Bombay Furlough and Parole) Rules, 1959, is proposed to be reviewed and a Committee therefor has been constituted. Be that as it may.

5.

Since the petitioner has made out the medical ground of operation of his age-old mother, we grant him parole of 20 (twenty) days. This period shall be adjusted in his further leave. He be released on P.R.bond of Rs.15,000/- (Rupees Fifteen Thousand). 6.

The petition stands allowed and disposed of accordingly. [SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP