Ashok Mahadev Kanake v. The Superintendent Central Prison Amravati

wp627.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO.627/2019 Ashok Mahadev Kanake, aged adult, R/o At Post Sunna, Tah. Kalapur, Yavatmal, Dist. Yavatmal (presently at Central Prison, Amravati C-5063).

..Petitioner.

..Vs..

1.

The Superintendent, Central Prison, Amravati.

2.

The Divisional Commissioner, Amravati.

..Respondents.

------------------------------------------------------------------------------------------------ Shri D.S. Lambat, Advocate (appointed) for the petitioner. Ms T. H. Khan, A.P.P. for respondent Nos.1 and 2. ------------------------------------------------------------------------------------------------ CORAM :- SUNIL B. SHUKRE AND AVINASH G. GHAROTE , JJ.

DATED :- 21.1.2021 ORAL JUDGMENT (Per Sunil B. Shukre, J.) 1.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2.

The petitioner applied for grant of emergency parole under rule 19(1) of the Prisons (Bombay Furlough and Parole) Rules, 1959 on 11.2.2019 stating the reason of death of his mother earlier. Now, it has come on record that the petitioner's mother died on 20th October,

wp627.19.odt 2018 almost about 4 months prior to making of the application for grant of emergency parole. This time gap show that the emergency no longer existed and, therefore, the petitioner would not be eligible to be released on the ground of death of his mother under Rule 19(1). The petition stands dismissed. Rule is discharged. Learned appointed counsel be paid legal remuneration of 2,500/- ( Two Thousand Five Ё䕲 Ё䕲 Hundred Only).

JUDGE JUDGE Tambaskar.