Mangesh S/O Shrikrushana Gangole (In Jail) v. State Of Maharashtra, Thr. Divisional Commissioner, Amravati And Another
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.376 OF 2016 Mangesh s/o Shrikrushna Gangole (In jail) -vsThe State of Maharashtra, Thr. The Divisional Commissioner, Amravati and anr. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri V. P. Mohod, Advocate for petitioner.
Shri J. Y. Ghurde, APP for respondents.
CORAM : B.P.DHARMADHIKARI & A.S.CHANDURKAR, JJ.
DATE : AUGUST 18, 2016 Heard Shri V. P. Mohod, the learned counsel for the petitioner and learned APP for the respondents. Learned APP points out that formal notice is still not received and therefore he has no instructions.
Perusal of record shows that application seeking extension of parole moved on 02/11/2014 has been rejected on 25/02/2016. Parole was allowed on 21/07/2014 on the ground of illness of father for period of thirty days. The reasons for rejecting extension are non-submission of necessary documents showing seriousness of illness of father and also late receipt of police verification report. The petitioner cannot be blamed if police verification report is received late. Documents available with him showing illness of his father were supplied by him for grant of extension. If on the basis of very same documents initially parole was allowed, why documents could not have been
2/3 considered for grant of extension is the moot question. Impugned order does not show any application of mind in this respect.
Hence, with these observations in the matter, we grant petitioner one opportunity to move application for extension of parole in accordance with law with necessary documents. If such application is moved within four weeks from today, the respondent No.1 shall consider it within next four months.
With these directions and keeping all rival contentions open, we partly allow the writ petition. Charges of learned counsel are fixed at Rs.1500/-.
JUDGE JUDGE Asmita
3/3 -: C E R T I F I C A T E :- copy of the original signed Judgment/order."
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19/08/2016