Santosh Devidas Shukla (In Jail) v. The Divisional Commissioner, Amravati Division, Amravati And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.101 of 2015 Santosh Devidas Shukla (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. Smt. Jachak, APP for respondents.

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

DATED : 7th MAY, 2015.

1.

Petitioner has approached this court being aggrieved by rejection of extension of parole leave sought on the ground of his mother's illness by impugned order dated 15.11.2014.

2.

Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents. Perused affidavit-in-reply. We have noted that the competent authority has duly considered the documents relied by the petitioner and on scrutiny of same found that petitioner has not submitted medical certificate establishing serious illness of his mother as required under Rule 19 of the Prison (Bombay Furlough and Parole) Rules, 1959 nor had placed any medical certificate. 3.

In that view of the matter, we find no reason to interfere with the impugned order passed by the competent authority in the light of provisions of Rule 19 of the Prison (Bombay Furlough and Parole) Rules, 1959 rejecting the extension of parole. The petition is thus devoid of merits and is liable to be dismissed as per order below. ORDER.

1.

Criminal Writ Petition No. 101/2015 is dismissed.

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

JUDGE JUDGE Hirekhan