Mohammad Arman Ansari Abdul Rahman v. Divisional Commissioner Amravati And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. WRIT PETITION NO. 991 OF 2024 Mohammad Arman Ansari Abdul Rahman Vs.

Divisional Commissioner, Amravati and anr.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Ms. Ratna Singh, Advocate for petitioner.

Mrs. N.R. Tripathi, APP for respondent Nos.1 & 2/State. CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : 08.01.2025.

Heard.

2.

For an offence punishable under Section 302 of the I.P.C, the petitioner post arrest on 16.03.2020 came to be convicted on 15.09.2023 by the Sessions Court, Achalpur.

3.

The petitioner has completed more than 41⁄2 years of imprisonment and is seeking furlough/parole on the ground of ailment of his mother.

Prity

2 / 2 917.wp991.2024.1 4.

The prayer is rejected on the ground of adverse police report as the complainant has claimed that there is a threat to his life from the petitioner. 5.

The aforesaid contingency can be appropriately dealt with by imposing a condition upon the petitioner to not enter the jurisdiction of the police station where the complainant is residing. 6.

By incorporating the aforesaid condition and such other conditions which shall be reasonable for the respondent, the petitioner's claim for release on prison leave can be allowed.

7.

That being so, the order impugned is quashed and set aside.

8.

We direct the respondent to release the petitioner on such reasonable terms and conditions including the aforesaid condition.

9.

The petition is allowed in the aforesaid terms.

(Mrs. Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Prity