Dilkush Eknath Shrigiriwar v. State Of Maharashtra Thr Secretary

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 732 OF 2025 Dilkhush s/o Eknath Shrigiriwar Vs State of Maharashtra and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.B. Gawai, counsel for petitioner Ms. R.V. Sharma, APP for respondent Nos. 1 to 3/State. CORAM :ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ DATED : 17 /09/2025.

1.

Heard.

2.

On 10/09/2025, following order was passed:-

1. Heard.

2. This is yet another petition, where respondent No.2 has imposed an unreasonable condition calling upon the petitioner/labourer to deposit cash surety for Rs.1,00,000/- for releasing him on Parole.

3. The petitioner sought parole to attend father's ailment. The respondent No.2 found merit in the request and allowed it, however, has, in a way, denied the benefit by imposing harsh condition of depositing Rs. 1,00,000/- as cash surety.

4. Such conduct, in our view, requires scrutiny of conduct of respondent No.2 by the Principal Secretary, Home Department, Mantralaya Mumbai.

5. At this stage, learned APP submits that she will take instructions and make submissions at 2.30 p.m.

6. Kept back at 2:30 pm.

7. Copy of order be furnished to the learned APP. (S. S. THOMBRE, J.) (A. L. PANSARE, J.) Later on,

8. Learned APP has shown us communication made today by the Personal Assistant to the Deputy Inspector General of Prisons in favour of the Superintendent of Central Prison, Nagpur stating therein that the amount of PR bond and cash security has been reduced to Rs. 15,000/-. This modification, according to us, will serve the purpose of filing petition. The respondents shall inform the petitioner about the modified order and shall take steps to extend the benefits at the earliest.

9. We are, however, putting the respondents to notice that such orders, if are passed in future without assigning any valid reason, not only appropriate action will be recommended against the erring official/s but the officer may be directed to compensate the prisoner concerned for wrongful denial of the legitimate benefits.

10. The respondents shall file report of compliance on or before 17-9-2025.

11. List on 17-9-2025.

3.

Learned APP submits that the order, by which cash surety is reduced to Rs.15,000/-, has been informed to the petitioner.

4.

Thus, compliance is reported. The counsel for petitioner is satisfied with the measures taken by the respondent.

5.

Writ petition is accordingly disposed of.

(SIDDHESHWAR S. THOMBRE, J.) (ANIL. L. PANSARE, J.)