Shankar Govindrao Landge (In Jail) v. The Divisional Commissioner, Nagpur Division, Nagpur And Another

1 wp73-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.73 of 2015 Shankar Govindrao Landge (In Jail) -Versus - The Divisional commissioner, Nagpur Division, Nagpur 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 : 15th APRIL, 2015.

1.

The petitioner has approached this court being aggrieved by the impugned order passed by the competent authority rejecting parole leave claimed by petitioner on the ground of illness of his mother. 2.

Heard learned counsel for both the sides. Perused affidavit-inreply filed by the respondents. We have noted that the petitioner is sentenced to suffer life imprisonment for the offence punishable under section 302 of IPC by the judgment dated 22.10.2010 and it is further noted that earlier when petitioner was released on furlough leave, he failed to surrender on due date and surrendered late by 18 days on one occasion and subsequently was required to be arrested and brought back to prison after period of 265 days. It is further material to note that thereafter petitioner was further released on parole when again he failed to surrender on due date and surrendered late by 88 days and 56 days. Thus, we note that on two occasions when petitioner was released on furlough and parole leave respectively, he failed to surrender on due date on three occasions and on one occasion was required to be arrested as aforesaid. In that view of the matter, we find no substance in the petition. Hence, we pass the following order.

2 wp73-15.odt ORDER.

1.

Criminal Writ Petition No. 73/2015 is dismissed. 2.

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

JUDGE JUDGE Hirekhan