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Bombay High CourtWP/391/2015dismissed

Rajdeep Mohan Gedam (In Jail) v. The Superintendent Central Prison, Nagpur And Another

2015-08-12Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 wp391-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.391 of 2015 Rajdeep Mohan Gedam (In Jail) -Versus - The Superintendent, Central Prison, Nagpur and another. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Mr. P.K. Dahat, Advocate for petitioner.

Mr. S.S. Doifode, APP for respondents.

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

DATED : 12th August, 2015.

1.

The petitioner has approached this court being aggrieved by rejection of his application for grant of parole leave on the ground of illness of his child.

2.

Heard learned counsel for both the sides. Perused affidavit-inreply filed by the respondents. We have noted that petitioner is undergoing sentence of life imprisonment for the offence punishable under sections 302 of IPC.

3.

We have also noted that the application for parole leave came to be rejected on considering the adverse police report. On considering the affidavit-in-reply we find that petitioner's child was treated as outdoor pateint and is not suffering from any serious illness. Even otherwise, petitioner's wife is competent to take care of the child. Moreover, we do not find any document establishing seriousness of his child before this court and in that view of the matter we find no reason to interfere with the order passed by the competent authority based on police report which states that petitioner's son is in fact ill but is not serious. 4.

In that view of the matter, petition is devoid of merit and is liable to be rejected. Hence, we make the following order.

2 wp391-15.odt ORDER.

1.

Criminal Writ Petition No. 391/2015 is dismissed. 2.

No order as to costs.

JUDGE JUDGE Hirekhan