Vinod Narayanrao Thakre (In Jail) v. The Divisional Commissioner, Amravati Division, Amravati And Another

1 wp41-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.41 of 2015 Vinod Narayanrao Thakre (In Jail) -Versus - The Divisional commissioner, Amravati Division, Amravati and 1 other. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Ms. Geeta Tiwari, Advocate (appointed) for petitioner. Shri T.A. Mirza, APP for respondents.

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

DATED : 17th APRIL, 2015.

1.

The petitioner has approached this court being aggrieved by the rejection of his application for extension of parole leave sought on the ground of illness of his mother and son.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents. Perused affidavit-in-reply filed by the respondents. On going through the documents, we find that the medical certificate does not show that mother and son of petitioner are seriously ill. According to the learned Additional Public Prosecutor, Medical Officer has issued certificate without performing any medical test upon the alleged patients of the petitioner. Admittedly, neither mother nor son of petitioner was admitted in the hospital. In the light of above, for want of sufficient documents, it cannot be said that the petitioner's claim for extension of parole leave deserves to be allowed on the ground of illness of his family members as claimed.

In view of above circumstances, we are not inclined to interfere with the order passed by the authority in the light of provisions incorporated in Rule 19 of The Prisons ( Bombay Furlough and Parole) Rules, 1959. The petition is, therefore, liable to be dismissed. Hence, the

2 wp41-15.odt following order.

ORDER.

1.

Criminal Writ Petition No. 41/2015 is dismissed. 2.

Legal fees to be paid to the appointed counsel is quantified as Rs. 1,500/-.

JUDGE JUDGE Hirekhan