Rajesh Sambhaji Gopnarayan v. Superintendent Of Jail Central Prison, Amravati.

904-wp 112-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.

OF 20 Rajesh Sambhaji Gopnarayan -Vs-Superintendent of jail. ------------------------------------------------------------------------------------------------------------- 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, counsel for the petitioner.

Ms.Nandita Tripathi, A.P.P for non-applicant CORAM VINAY JOSHI & MRS. VRUSHALI V.JOSHI, JJ.

DATE : 5th FEBRUARY, 2024.

1.

Heard.

2.

The petitioner has applied for regular parole on account of illness of his son. The authority vide communication dated 27.01.2024 declined to entertain the application for the reason that a period of one and half year is not passed from the last release. 3.

In view of the Full Bench decision of this Court in case of Kantilal Nandlal Jaiswal V. Divisional Commissioner, Nagpur reported in (2019) 6 Mah.L.J 186 the said reason is not sustainable in the eyes of law. 4.

In view of the above, we direct the respondent herein to reconsider the petitioner's urge on other either ground and take appropriate decision as permissible according to law. The said exercise shall be completed Kavita

904-wp 112-24.odt 2/2 within two weeks from the date of receipt of this communication. Petition stands disposed of in above terms. We, hereby direct the authority that they shall not reject the parole leave application on the ground which has been concluded by this Court in regard to the above referred Full Bench decision of this Court.

JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 07/02/2024 13:42:36 Kavita