Pandurang Anandrao Shinde (In Jail) v. The Divisional Commissioner, Amravati Division, Amravati And Another

1 wp76-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.76 of 2015 Pandurang Anandrao Shinde -Versus - The Divisional Commissioner, Amravati Division, Amravati and other. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Ms. Radha Mishra, appointed Advocate for petitioner. Ms. P.D. Rane , APP for respondents CORAM : A.B.CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : 16th March, 2015.

1.

By this petition, the challenge is to the impugned order dated 25.11.2014 passed by the Competent Authority rejecting the extension of parole leave of the petitioner.

2.

Heard learned counsel for both sides. Perused the affidavit-inreply of respondent no.1. We find that the petitioner is undergoing sentence for life imprisonment for the offence punishable under Section 302, 426 of Indian Penal Code vide judgment passed by the Additional Sessions Judge, Yavatmal and had applied for grant of parole on the ground of illness of his mother on 23rd March, 2014. It was allowed granting 30 days parole to the petitioner by order dated 30.7.2014 and was accordingly released on 23rd August, 2014. Accordingly we note that petitioner was required to surrender on 22.9.2014. However, petitioner applied for extension of 30 days on the ground of illness of his mother and police report was thus called.

It is noted that there is no medical certificate and test report to establish the illness or gravity of illness, if any, suffered by the mother of petitioner as claimed. In that view of the matter we find no reason to interfere with the impugned order which mainly came to be passed on considering above aspects. Having considering the facts as aforesaid, petition is devoid of merits and hence following order.

2 wp76-15.odt ORDER.

1.

Criminal Writ Petition No. 76/2015 is dismissed. 2.

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

JUDGE JUDGE Hirekhan