Gajanan S/O. Ganpat Zalte(In Jail) v. Divisional Commissioner, Amravati Division, Amravati

1 wp54.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.54/2019 Gajanan S/o Ganpat Zalte ..Vs..

Divisional Commissioner, Amravati Division, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.M. Khandait, Advocate (appointed) for the petitioner. Ms. Nandita Tripathi, A.P.P. for the respondents. CORAM : Z.A. HAQ AND VINAY JOSHI, JJ.

DATED : 26.4.2019.

1.

Heard.

2.

The petitioner had applied for grant of parole leave on account of illness of his wife. The respondent No.1 - Divisional Commissioner, Amravati vide impugned order dated 27th July, 2019 has rejected the application of petitioner for parole leave. The State has resisted the application contending that the petitioner was earlier released on parole leave and within the period of one year, he has applied for parole leave again, which is not permissible under Rules, and further there is no cogent reason for releasing the petitioner on parole leave. 3.

On perusal of record it reveals that the period of more than one year has not lapsed since the date of surrender by the petitioner. There is no sufficient material on record showing the necessity of grant of

2 wp54.19 parole leave to the petitioner. Therefore, we do not find any merit in the petition. It is dismissed accordingly. 4.

The fees of the learned Advocate appointed to represent the petitioner be paid as per Rules. JUDGE JUDGE Tambaskar.