Ramkumar S/O Vaidyanath Pal v. The State Of Maharashtra Thr. Its Secretary Dep. Of Home Mantralaya, Mumbai And 3 Others

Judgment Cri.W.P.26.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 26 OF 2021 Ramkumar S/o Vaidyanath Pal, Aged about 45 years, Occu. - Nil, Presently detained in Central Prison, Amravati, Tah. and District Amravati.

Convict No. C-2630.

.... PETITIONER // VERSUS // 1) State of Maharashtra, through its Secretary, Department of Home, Mantralaya, Mumbai-32.

2) Divisional Commissioner, Amravati Division, Amravati.

3) Superintendent of Jail Prison, Central Jail, Amravati, Tah. And District Amravati.

4) Commissioner of Police, Amravati, Tah. and Dist.

Amravati.

.... RESPONDENTS ______________________________________________________________ Ms Deepa Charlewar, Advocate (appointed) for the petitioner. Shri N. R. Patil, A.P.P. for the respondent Nos.1 to 4. ______________________________________________________________ CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 08.02.2021.

Judgment Cri.W.P.26.2021.odt ORAL JUDGMENT : (Per : Sunil B. Shukre, J.) 1.

Heard. Rule. Rule made returnable forthwith.

2.

Heard finally by consent of the learned counsel appearing for the parties.

3.

The parole leave was sought by the petitioner on the ground of illness of his mother. However, the admitted facts which are on record indicate that she was admitted to hospital on 23.01.2020 and was discharged from the hospital on 29.01.2020. The purpose for which parole was sought by the petitioner is now not in existence and therefore, this fact has also been noted in the impugned order. As such, we find no infirmity in the impugned order. The petition stands dismissed with liberty to the petitioner to file a fresh application for grant of parole and furlough, as the case may be, on the ground of change circumstances.

Rule is discharged.

Legal remuneration of Rs.2,500/- (Rs. Two Thousand Five Hundred only) be paid to the learned appointed counsel for the petitioner.

(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.) Kirtak