Raju Gaurishankar Gaddalwar (In Jail) v. Superintendent, Central Jail, Nagpur And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.15 OF 2015 (Raju Gaurishankar Gaddalwar vs. Superintendent, Central Jail, Nagpur and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. M.V. Bute, Advocate for petitioner.

Mrs. N.R. Tripathi, Additional Public Prosecutor for respondents.

---------- CORAM : A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : MARCH 26, 2015 The petitioner has approached this Court being aggrieved by rejection of his application for parole by respondent no.2.

Heard learned Counsel for the parties and perused the affidavit-in-reply filed by the respondents. We have noted that the petitioner is undergoing life imprisonment for the offences punishable under Sections 302 and 307 read with Section 34 of Indian Penal Code. On earlier five

2603wp15.15 2/2 occasions when petitioner was released on furlough/ parole, he failed to surrender on due date and on the last occasion, he was arrested and brought back to prison after a period of 1242 days. Earlier also, he was required to be arrested and brought back to prison after 36 days and on three occasions, he failed to surrender on due date, though surrendered on his own.

Considering the record of the petitioner as aforesaid and since petitioner was required to be arrested and brought back to prison, he is not entitled to the relief claimed in view of the decision of this Court in the case of Murlidhar Ramchandra Bhalerao vs. State of Maharashtra and another (2011 ALL MR (Cri) 2132. Hence, we pass the following the order :

Order Criminal Writ Petition No.15/2015 is dismissed.

JUDGE JUDGE khj