Toofan Indalsingji Yadav v. Divisional Commissioner Amravati Dist. Amravati And Another

1 916 wp944.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.944 of 2024 Toofan Indalsingji Yadav (C-816) Vs. Divisional Commissioner, Amravati and another Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Ratna Singh, Advocate for petitioner/s.

Ms. N.R.Tripathi, APP for the respondent nos.1 and 2. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : JANUARY 10, 2025.

1.

Heard.

2.

The challenge is to the order dated 20th July, 2024 wherein prayer for parole was rejected on the ground of (a) adverse police report and (b) that the petitioner has not completed the fixed tenure of one and half year. 3.

We are inclined to quash and set aside the impugned order for the reason that by this time, the petitioner has already completed the period of one and half year, as the petitioner's last surrender was on 9th April 2023. 4.

As far as the adverse police report is concerned, we are of the view that the Authority can impose appropriate conditions on the petitioner as may deem fit.

5.

That being so, the petition stands allowed.

6.

We direct that the petitioner be released on parole on such terms and conditions as the Authority may deem fit.

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