Ravi Anandrao Gurphude (In Jail) v. The Division Commissioner, Nagpur Division, Nagpur And Another

1 wp523-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.523 of 2015 Ravi Anandrao Gurphude (In Jail) -Versus - The Divisional commissioner, Nagpur Division, Nagpur and 1 other. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Mrs. S.S. Dhote, Advocate (appointed) for petitioner. Mr. D.B. Patel, APP for respondents.

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

DATED : 10th August, 2015.

1.

The petitioner has approached this court being aggrieved by the impugned order passed by the competent authority rejecting parole leave claimed by petitioner on the ground of illness of his wife. 2.

Heard learned counsel for both the sides. Perused affidavit-inreply filed by the respondents and the documents in support of petition. From the same we find that initially petitioner has applied for grant of parole leave 17.06.2014 on the ground of illness of his wife. It was allowed on 15.09.2014 granting 30 days parole to the petitioner. The petitioner thereafter applied for extension of parole for 30 days on the same ground which was also allowed and has further applied for 30 days period on the same ground on 15.12.2014 which came to be rejected by impugned order dated 14.1.2015 3.

We find that petitioner was granted parole leave on two occasions for 60 days and further find that the claim for further extension has been rightly rejected by the competent authority as petitioner failed to provide any supporting documents to establish that petitioner's wife was seriously ill. The only document relevant is the medical certificate issued by Gabhane Hospital dated 6th December, 2014 and as per the same,

2 wp523-15.odt petitioner's wife is certified to have been suffering from Infectine Hepatis with Anemia with anxiety and is advised one month bed rest. 4.

In the circumstances, the petition is devoid of merit. Hence, we pass the following order.

ORDER.

1.

Criminal Writ Petition No. 523/2015 is dismissed. 2.

Legal fees to be paid to the appointed counsel is quantified as Rs. 1,500/-.

JUDGE JUDGE Hirekhan