Suo motu petition initiated after a prisoner's parole request. Court found no grounds cited. Directed petitioner to submit formal application for merits-based decision.
Petitioner directed to apply formally for parole/furlough; no further directions warranted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
SUO MOTU CRI.WRIT PETITION NO. 01 OF 2004
Shri Dundappa Balappa Nignur .. Petitioner.
V/s.
D.I.G. Prison,
Western Region, Yerwada, Pune & Ors. .. Respondents.
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Through Jail
Smt. Rucheeta R. Dhuru (appointed) for the Petitioner.
Ms.P.H. Kantharia, APP for Respondents.
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CORAM : A.M.KHANWILKAR, J.
DATED : FEBRUARY 24, 2005
PC :-
1. Heard counsel for the parties.
2. These proceedings have been initiated as suo
motu petition consequent to the communication received
from the prisoner for his release on parole. Learned
APP points out that no reason has been mentioned in
the application for parole, as filed, which are
otherwise available to the prisoners under the Prisons
Rules. In that sense, no ground for parole leave is
made out in the application. There is substance in
this submission. It is further brought to my notice
that the same prisoner had filed proceedings in this
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court being writ petition No. 1317/2003, questioning
the order passed by the competent authority, rejecting
the furlough leave. This court was pleased to uphold
the order passed by the competent authority and
dismissed the writ petition of the petitioner.
3. In case the petitioner is interested for being
released on furlough leave or parole leave, he may
make a formal application in that behalf through
proper channel to the competent authority, who shall
finally decide the same within six weeks from the date
of presentation of such application. That application
will have to be decided on its own merits in
accordance with law.
4. No further directions are warranted on this
petition. Hence disposed of.
5. Copy of this order be forwarded to the
petitioner as this petition is filed through jail.
6. The court expresses word of appreciation for
the able assistance given by Mrs. Rucheeta Dhuru, as
"amicus curiae".
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7. Ordered accordingly.
1 issue framed by the court
Whether parole or furlough leave can be granted when no grounds are mentioned in the application under Prisons Rules.
Shri Dundappa Balappa Nignur
D.I.G. Prison, Western Region, Yerwada, Pune
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court