Suresh Narayan Dakhore (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 : NAGPUR CRIMINAL WRIT PETITION NO.111 OF 2015 (Suresh Narayan Dakhore vs. The Divisional Commissioner and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. D.K. Gawali, Advocate (appointed) for petitioner. Ms. T. Udeshi, Additional Public Prosecutor for respondents.

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

DATED : MARCH 30, 2015 The petitioner has approached this Court being aggrieved by rejection of his application for grant of parole for 30 days on the ground of illness of his mother and wife by respondent no.1.

Heard learned Counsel for the parties and perused the affidavit-in-reply of respondents wherefrom it is revealed that the petitioner is undergoing life imprisonment for the offence punishable under Section 302 of Indian Penal Code. We find that application dated 11/11/2014 made by petitioner for grant of parole was rejected since it

3003wp111.15 2/2 was filed within one year from the date of earlier parole. According to respondents, petitioner was released on parole from 22/5/2014 to 31/5/2014 and there is prohibition to grant parole twice in a year in view of proviso to Rule 19 of the Prisons (Bombay Parole and Furlough) Rules, 1959.

Considering the above provision and date of application of petitioner being 11/11/2014, we find that the aforesaid Rule categorically bars grant of parole before completion of one year from the date of earlier parole, which in the instant case is 22/5/2014. In that view of the matter, we do not find any substance in the criminal writ petition. Hence, we pass the following order :

Order Criminal Writ Petition No.111/2015 is rejected.

The fee payable to the learned Counsel appointed for the petitioner is quantified as rupees fifteen hundred.

JUDGE JUDGE khj