Govinda Dhanraj Bopche (In Jail) v. Divisional Commissioner Nagpur Division Nagpur And Another

2903cwp37.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 37 OF 2017 (Govinda Dhanraj Bopche vs. Divisional Commissioner, Nagpur Division, Nagpur & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

MARCH 29, 2017.

Heard Ms. S.B. Khobragade, learned counsel (appointed) for the petitioner and Mrs. N.R. Tripathi, learned APP for the respondents.

2.

The application presented for parole by the petitioner on 20.07.2016 is still pending.

3.

The learned APP submits that as the period of one year was not spent in prison by said date, the application could not be looked into.

4.

Ms. Khobragade, learned counsel submits that the Rules permit period of 45 days for taking a decision on the application and hence it was moved two months in advance so that after considering the need therein and after expiry of period of one year in prison, the petitioner could have been released on parole.

5.

It is not in dispute that as of now the said period has already expired.

6.

In this situation, we grant the petitioner leave to move fresh application. If such an application is moved within 10 days, the authorities shall shall consider it within

2903cwp37.17 next four weeks.

7.

Criminal Writ Petition is accordingly disposed of. 8.

The charges of counsel appointed for the petitioner are fixed at Rs.1,500/- (Rs. One thousand five hundred only).

JUDGE JUDGE *GS.