Ankit Shivbaran Shahu (C-6364) v. Divisional Commissioner Amravati Dist. Amravati And Another

2024:BHC-NAG:1929-DB wp158.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.158/2024 Ankit Shivbaran Shahu (C-6364), aged about 25 Yrs., Occ. NA R/o Plot No.A-6, Ganga Maa House, Kharbi, Nagpur.

...

Petitioner - Versus - 1.

Divisional Commissioner, Amravati, District Amravati.

2.

Superintendent of Jail, Central Prison, Amravati.

... Respondent s ----------------- Ms. Ratna Singh, Advocate for the Petitioner. Ms. Nandita Tripathi, A.P.P. for Respondent Nos.1 and 2. ----------------

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ .

DATED : 15.2.2024.

ORAL JUDGMENT (Per Vinay Joshi, J.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. 2.

The petitioner has applied for regular parole on account of illness of his mother vide impugned communication dated 18.1.2024. The Authority has declined to grant parole

wp158.2024 leave for the reason that period of one and half year has not been passed from the last release.

3.

In view of the Full Bench decision of this Court in case of Kantilal Nandlal Jaiswal V. Divisional Commissioner, Nagpur reported in (2019) 6 Mh.L.J 186 the said reason is not sustainable in the eyes of law.

4.

In view of the above, we direct the respondents herein to reconsider the petitioner's urge and take appropriate decision as permissible according to law. The said exercise shall be completed within two weeks from the date of receipt of this communication. Petition stands disposed of in above terms. We, hereby direct the Authorities that they shall not reject the parole leave application on the ground which has been concluded by this Court in regard to the above referred Full Bench decision of this Court. (MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.