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Bombay High CourtWP/663/2024disposed off

Virendrasingh Rampukar Khairwar v. The State Of Maharashtra Thr. The Divisional Commissioner, Nagpur And 1 Another

2024-12-09Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

wp663.24.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No.663 OF 2024 (Virendrasingh Rampukar Khairwar Vs. State of Maharashtra, through the Divisional Commissioner, Nagpur and another) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Smt. Shweta Wankhede (Chavhan), Advocate for petitioner. Smt. N.R. Tripathi, APP for respondents.

CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE : 09 th DECEMBER, 2024.

1.

Heard.

2.

We have already held in couple of judgments that in the Prisons (Bombay Furlough and Prole) Rules, 1959 the advance age of surety is not an essential criteria for the purpose of admitting a prisoner to parole unless specific statutory disqualification is demonstrated.

3.

In this background, we deem it appropriate to quash and set aside the impugned order dated 28th June, 2024. 4.

We direct the respondent to admit the petitioner to parole on such reasonable conditions, as shall be imposed by the Jail Superintendent.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 10/12/2024 17:45:06