Santosh Sanjay Ghodake v. Divisiona Commissioner Amrvati Dist Amravati And Another

2024:BHC-NAG:14007-DB 917-CRWP-661-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO.661/2024 Santosh Sanjay Ghodake(C-6292) vs.

Divisional Commissioner, Amravati and another. ------------------------------------------------------------------------------------------------------- Ms Ratna Singh, Advocate for petitioner.

Ms N.R.Tripathi, Additional Public Prosecutor for respondent nos. 1 and 2. ------------------------------------------------------------------------------------------------------- CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 20th DECEMBER, 2024 P. C.

Heard.

2.

Prayer for grant of prison leave viz. Parole is rejected by the respondent no.1 - Divisional Commissioner, vide impugned order dated 26.06.2024 on two reasons, namely (a) adverse police report and (b) involvement of the petitioner in the commission of serious offence. 3.

Perusal of the order impugned depicts that the police report which is relied on is too vague as there is no reference to the statement of individual who has heard that the mother of the petitioner has issued threats as has been stated in the impugned order.

4.

The issue is squarely covered by the Division Bench order dated 10.07.2024 passed in Criminal Writ Petition No. 828 of 2024 (Tarbrez @ Tabbu Darvesh Khan vs. The State of Maharashtra and others) at Principal Seat Mumbai.

5.

That being so, the impugned order dated 26.06.2024 is quashed and set aside. We direct the respondents to admit the petitioner on Parole upon compliance of the usual terms and conditions. 6.

The criminal writ petition stands allowed in above terms. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar.