Firoz Khan Chandkhan Patahan(C-6296) v. Superintendent Of Jail, Central Prison, Amravati

10-387-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.

OF 20 Firoz Khan Chandkhan Pathan -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, Advocate for the petitioner.

Ms.Nandita Tripathi, A.P.P for respondents.

CORAM VINAY JOSHI & MRS. VRUSHALI V. JOSHI, JJ.

DATE : 8th May, 2024.

1.

Heard.

2.

The petitioner has applied for regular parole on account of illness of his father.

3.

Respondent authority vide communication dated 11.03.2024 has declined to entertain the application under Rule 3(C)(ii) of the Government Resolution dated 10.02.2022 by stating that he has not completed the period of one and half year from the earlier release on parole and furlough.

4.

In view of the Full Bench decision of this Court in case of Kantilal Nandlal Jaiswal V. Divisional Commissioner, Nagpur reported in (2019) 6 Mh.L.J.186 the above reason is unsustainable.

5.

In view of above, we direct the authorities to Kavita

10-387-24.odt 2/2 take appropriate decision on the petitioner's application within a period of three weeks. The authority shall give due regard to the above Full Bench decision while deciding the application.

6.

The writ petition stands disposed of in above terms.

JUDGE JUDGE Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 09/05/2024 17:17:52 Kavita