Bombay High CourtWP/160/2019dismissed

Bannasingh @ Rupsingh Attarsingh Bawari (In Jail) v. State Of Maharashtra Thr. Divisional Commissioner, Nagpur

2019-03-05Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice Rohit Baban Deo2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL WRIT PETITION NO.160 OF 2019 (Bannasingh @ Rupsingh Attarsingh Bawari ..vs.. State of Maharashtra, through Divisional Commissioner, Nagpur and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S.D. Wankhede, Counsel for the petitioner, Smt. K.S. Joshi, Addl.P.P. for the respondents. CORAM : P.N. DESHMUKH AND ROHIT B. DEO, JJ.

DATED : 05-03-2019 Heard learned Counsel for petitioner who has contended that this petition is for issuing directions to respondent No.1 to release petitioner on emergency parole for 14 days to perform ritual which is required to be done after death of his mother. We note that petitioner's mother (wrongly mentioned as 'father') who from the death certificate annexed to the petition is found dead on 24-8-2018 that is almost over a period of six months. As such we do not find any reason for petitioner to claim emergency parole. Moreover, even according to the impugned order, when a petitioner claimed emergency parole, his request was not considered in his favour earlier as he has not attached death certificate of his mother, and thus there was no document substantiating case of petitioner on the basis of which he was seeking parole.

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In view of above stated facts and even on considering the police report as we find petitioner to be a criminal element, find no substance in the petition and accordingly dismiss the same with no order as to costs. JUDGE JUDGE adgokar