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Bombay High CourtWP/1/2016allowed

Rajkumar S/O Hansaraj Verma (In Jail) v. State Of Maharashtra, Through Divisional Commissioner, Nagpur And Another

2016-02-09Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

0902wp1.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION (wp) No. 01 OF 2016 Rajkumar s/o Hansraj Verma v.

The State of Maharashtra & anr.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Courts's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Coram : B.P .Dharmadhikari and V.M.Deshpande, JJ.

Date : 09 th FEBRUARY, 2016.

Heard Advocate Sharma appointed for the petitioner and learned APP.

Perused the reply as well as the impugned order. Impugned order does not show a finding that the reason for asking parole is incorrect. Only ground for refusing parole is possibility of petitioner's indulgence in another offence or his absconding.

Reply filed by the respondent itself shows that earlier he has been released on furlough in April, 212 and he reported late by one day. Thereafter, again in 2014 he was released on furlough and he has reported late by 14 days. On both the occasions, he surrendered voluntarily. As such, we find apprehensions misconceived.

0902wp1.16 We accordingly allow the petition. Respondents shall obtain appropriate bonds, undertaking and surety from the petitioner and shall release him.

Professional charges for the learned counsel appointed for the petitioner are quantified at Rs.1500/-. JUDGE JUDGE /TA/