Maroti S/O Namdeo Shrirame (In Jail) v. State Of Mah. Thr. Its Secrtary, Dep. Of Home, Mantralaya, Mumbai-32 And 3 Others

CRWP161-20 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 161/2020 (MAROTI NAMDEO SHRIRAME (IN JAIL) VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. D.I. Charlewar, counsel for the petitioner. Mrs. Nandita Trivedi, A.P.P. for the respondents. CORAM : A.S. CHANDURKAR AND AMIT B. BORKAR, JJ. DATE : JUNE 12 , .

Hearing was conducted through Video Conferencing and the learned counsel for the parties agreed that the audio and video quality was proper.

RULE. Rule made returnable forthwith and heard finally with consent.

The petitioner seeks his release on parole by pleading that his wife is undergoing treatment and his presence is required to look after the family. It has been further pleaded that on earlier occasions, whenever the petitioner was granted furlough leave or was released on parole, he had surrendered on his own volition. It is thus prayed that the petitioner be directed to be released on parole especially in the light of the report of the Superintendent of Police, dated 09.01.2020.

Reply has been filed by the respondents opposing the prayer as made. It has been stated that on one occasion, the petitioner had surrendered late. Copy of the report of the Superintendent of Police dated 09.01.2020 is placed on record.

CRWP161-20 It is seen that as per the aforesaid report submitted by the Superintendent of Police, the petitioner's wife is undergoing treatment since last three months. It has further been stated that sureties are available on the basis of which the presence of the petitioner after expiry of period of release could be secured. Considering the fact that on earlier occasions, the petitioner has surrendered on expiry of leave and as the petitioner's wife is undergoing treatment, the petitioner is directed to be released on parole for a period of twenty one days.

Subject to complying with all necessary conditions including furnishing of surety/sureties, the writ petition is allowed in terms of Prayer Clause (i). Fees of learned counsel for the petitioner are quantified at Rs.1,500/-.

The writ petition is disposed of.

This order be communicated to the learned counsel appearing for the parties either on the email address or on WhatsApp or by such other mode, as is permissible in law. (AMIT. B. BORKAR, J.) (A.S. CHANDURKAR, J.) APTE