Gajanan Janaradhan Pagrut v. Divisional Commissioner Amravati, Dist. Amravati And Another

2025:BHC-NAG:3295-DB wp1004.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.1004/2024 (Gajanan Janardhan Pagrut Vs. Divisional Commissioner, Amravati and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------ - - - - - - - - - - - - - - - - Ms. Ratna Singh, Advocate for the petitioner. Ms. N.R. Tripathi, A.P.P. for respondent Nos.1 and 2. CORAM: NITIN W. SAMBRE & MRS.VRUSHALI V. JOSHI, JJ. DATED: 1.4.2025.

Heard.

2.

Vide impugned order dated 18.11.2024 prayer for grant of parole on the ground of ill-health of the son of petitioner is rejected as the petitioner has lastly surrendered on 23.7.2024 and the period of one and half year pursuant to Rule 9(3)(g)(ii) of the Bombay Furlough and Parole Rules, 1959 was not satisfied. 3.

The said period of one and half year is held to be not mandatory.

4.

The ground sought for grant of parole was found to be genuine and the police report was supporting the case of the petitioner prisoner. In that view of the matter, we quash and set aside the impugned order dated 18.11.2024. We allow the prayer for parole of 45 days on the usual terms and conditions as expeditiously as possible and in any case, within a period of two weeks from today. 5.

Writ petition is disposed of.

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

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 01/04/2025 18:22:03