Dnyanoba Gangadhar Mundhe (C-6627) v. The State Of Maharashtra And Others

2023:BHC-AUG:27090-DB 908 WP.1885.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

908 CRIMINAL WRIT PETITION NO. 1885 OF 2023 DNYANOBA GANGADHAR MUNDHE (C-6627)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Ms. Sharada Pundlik Chate. APP for Respondent/State : Ms. R. R. Tandale. ...

CORAM :

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

DATE :

21st December, 2023.

Per Court:

.

Heard.

The petitioner's mother is scheduled to undergo operation for Dysfunctional Uterine Bleeding (DUB) on 31st December, 2023. The petitioner is said to be the only son. The petitioner's application has been turned down on the ground that there is no lapse of 1 and 1⁄2 years between his last surrender and the present application. The learned counsel for petitioner has informed that a period of little over 11 months is over. According to her, the State in number of petitions had made a statement that a proviso to Rule 19(3) of the Prisons (Bombay Furlough and Parole) Rules, 1959, is likely to be reviewed.

908 WP.1885.2023.odt The police report favours the petitioner. The same suggests that the petitioner's mother is scheduled to undergo an operation on the given date. The petitioner being the only son, needs to be around her to take her care. We are, therefore, inclined to allow the petition.

We direct the authorities concerned to grant the petitioner parole for a period of 41 days, no sooner this order is received by the concerned authorities.

The petitioner shall mark his presence at Gangakhed Police Station, District Parbhani on every alternate day during his period of parole leave. He is, however, exempted from marking his presence on the day of operation and the following day. The writ petition stands disposed of.

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