Kamlesh S/O Janardhan Walde v. State Of Mah. Thr. Superintendent Of Central Prison Nagpur And Another

crwp582.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.582/2020 Kamlesh s/o Janardhan Walde Convict No. C-10173, Central Prison, Nagpur, Dist. Nagpur.

.....PETITIONER ...V E R S U S...

1.The State of Maharashtra through Superintendent of Central Prison, Nagpur.

2.D.I.G. (East), Nagpur.

...RESPONDENTS ------------------------------------------------------------------------------------------- Mr. A. Y. Sharma, Advocate for petitioner.

Mr. A. R. Chutke, A.P.P. for respondents-State. ------------------------------------------------------------------------------------------- CORAM:- R. K. DESHPANDE AND V. M. DESHPANDE, J.

DATED:

05.11.2020 ORAL JUDGMENT (Per : R. K. Deshpande, J.) 1.

Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsels for the parties. 2.

The petitioner claims emergency parole for a period of 14 days on account of the marriage of brother of the petitioner, which is scheduled to be held on 06.11.2020. The learned A.P.P. has produced before us an order dated 05.11.2020 passed by Deputy Inspector General of Prisons, Eastern Region, Nagpur,

crwp582.20.odt granting 1 day emergency parole to the petitioner for 06.11.2020, upon certain terms and conditions stipulated therein. Copy of this order is placed on record and marked as "X" for identification. The learned counsel for the petitioner submits that at least 3 days period of emergency parole be granted to the petitioner. The petitioner is prepared to deposit an amount of Rs.20,000/- with respondent no.2 for the expenses required to be incurred under order dated 05.11.2020. He submits that though marriage is on 06.11.2020, the reception is on 07.11.2020 and the petitioner undertakes to report back to the prison on 09.11.2020. 3.

In view of above, we do not find any impediment in extending emergency parole to the petitioner for a period of 3 days from 06.11.2020 to 08.11.2020. The required expenses of Rs.20,000/- shall be deposited by petitioner at the time of his release from prison on emergency parole. Rest of the conditions mentioned in order dated 05.11.2020 shall continue to operate. Rule is made absolute in the above terms.

JUDGE JUDGE Digitally signed by Yogesh Kahale Date:

2020.11.05 14:43:40 +0530 kahale Yogesh Kahale