Kailas Pandurang Waghade (In Jail) v. The Divisional Commissioner, Amravati Division, Amravati And Another

wp858.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.858 OF 2015 Kailas Pandurang Waghade ..vs..

The Divisional Commissioner, Amravati Division, Amravati and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Mrs. Radha Mishra, counsel for the petitioner (appointed) Shri V.A. Thakare, Addl.P.P. for the State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : DECEMBER 18, 2015.

Heard.

The application for release on parole moved by the petitioner in March, 2015 was allowed and he was actually released on 18.4.2015 for a period of 30 days. On 2.5.2015 pointing out ailment of his mother, he sought further extension. He reported back on 21.5.2015 as his extension application was not decided. His mother expired on 4.6.2015 and at that time he was given death parole. The application for extension came to be rejected vide order dated 4.7.2015. Thus, rejection of extension is after death of mother. It is seen that on 8.6.2015 the police authorities have forwarded favourable recommendation.

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wp858.15 In this situation, we are inclined to grant extension of parole till the date on which the petitioner reported i.e. 21.5.2015. Thus, after 18.5.2015 he is deemed to be on parole till 21.5.2015.

The writ petition is partly allowed and disposed of.

The charges of learned counsel appointed for the petitioner are fixed at Rs.1,500/-.

JUDGE JUDGE !! BRW !!

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