Sonu @ Swapnil Madhav Wakde v. Divisional Commisssioner Amravati Dist. Amravati And Another

2024:BHC-NAG:13561-DB 1 915.wp.942.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 942/2024 Sonu @ Swapnil Madhav Wakde (C-664) Vs.

Divisional Commissioner, Amravati and Anr.

---------------------- Mr. Ratna Singh, Advocate for Petitioner.

Ms N. R. Tripathi, A.P.P. for Respondents/State. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 12/12/2024.

P.C.

.

Heard.

2.

Post conviction for an offence punishable under Section 302 of the Indian Penal Code, the petitioner sought parole on the ground that his wife was indisposed, which is rejected by the Competent Authority on October 29, 2024. 3.

The rejection is sought to be justified by the reason that the petitioner is yet to complete a period of 18 months from the date of last release on furlough. 4.

The police have objected the release on the following counts (a) likelihood of giving threats to the victim and her family members and (b) ensuing Legislative Assembly Elections.

5.

The fact remains that the petitioner after his last release has timely surrendered on August 7, 2024 without there being any threat to the victim or her relatives.

2 915.wp.942.24 6.

Apart from the above, the Legislative Assembly Elections are already over.

7.

The issue which is sought to be canvassed is squarely covered by the order dated November 12, 2024 delivered in Criminal Writ Petition (St.) No.22342/2024 (Shrihari Rajlingam Guntuka Vs. State of Maharashtra and Anr.).

8.

That being so, we quash and set aside the impugned order dated October 29, 2024 with directions to the respondents to admit the petitioner to parole leave in accordance with law.

9.

The petition is disposed of accordingly.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule