Allowed

Ramesh Bhaguram Tambe v. the State of Maharashtra and Anr.

Bombay HC5 Apr 2006WP/712/2006

Case brief

AI extract

What is this about?

This judgment allows a petitioner serving a sentence to attend the marriage of his son under escort, despite amendment rules restricting parole to serious illness, death, or natural calamity. The court interpreted the rules to permit escorted travel for such an occasion with specific logistical conditions.

What did the court decide?

Petitioner to attend son’s marriage under escort from Thane Central Prison, arriving by noon on 8th April and returning by 8 pm on 10th April.

Ramesh Bhaguram Tambe Vs the State of… — Pension and Retirement Benefits | Bombay HC (2006)

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 ..(1)..

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE SIDE, JURISDICTION

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CRIMINAL WRIT PETITION NO.712 OF 2006

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 Ramesh Bhaguram Tambe ...Petitioner.
Versus
 The State of Maharashtra
 and Ors. ...Respondents.

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 Mr.P.M.Gaikwad, Advocate for the Petitioner.
 Mr.A.S.Gadkari, APP, for the State.

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CORAM : D.G.DESHPANDE AND
SMT.V.K.TAHILRAMANI, JJ.

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DATED : APRIL 05, 2006.
 P.C.:

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 . Heard Mr.Gaikwad, learned Advocate for the
 petitioner and Mr.Gadkari, learned APP for the
 State.

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 2. The petitioner is seeking parole on the
 ground of marriage of his son.

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 3. The earlier Rules relating to parole
 allowed for grant of parole for any sufficient
 cause, due to which release on parole on account
 of marriage could be considered. Thereafter the
 rules were amended. As per the amended Rules now
 parole can be granted only for the limited reasons
 i.e. in case of death or illness of the convict

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 ..(2)..

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 or any near relative or in case of natural
 calamity like flood and earthquake. It is well
 settled that as per the amended Rules, parole
 cannot be granted on account of marriage.

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 4. Moreover, from the decision of the Full
 Bench of this Court (to which one of us was a
 party i.e. Smt.V.K.Tahilramani, J.) dated 22nd
 December, 2005 in Criminal Writ Petition No.345 of
 2005, it is clear that parole can only be granted
 for the reasons set-out in the amended Rules, i.e.
 in case of serious illness or death of near
 relative such as mother, father, sister, brother,
 children and spouse; and in case of natural
 calamity such as house collapse, fire or flood.
 Thus, though, the petitioner has sought parole on
 account of marriage of his son, the said prayer
 for release of petitioner on parole cannot be
 considered.

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 5. The learned APP has verified and he has
 stated that the marriage of son of the petitioner
 is indeed scheduled to take place on 9th April,
 2006 at Budha Mandir, Parel, Mumbai.

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 ..(3)..

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 6. In this view of the matter, we are inclined
 to allow the petitioner to attend the marriage of
 his son under escort. The petitioner who is in
 Thane Central Prison be taken under escort on 8th
 April, 2006 to the residence of his son i.e.
 bridegroom, on the below mentioned address :

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 "B.D.D.Chawl No.6, Room No.24,

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 Naigaon, Dadar (East),

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 Mumbai-400 014."

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 . The escorting party to reach with the
 petitioner at the said address latest by 12 noon
 on 8th April, 2006.

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 7. The escorting party to leave Mumbai latest
 by 4:00 p.m. on 10th April, 2006 and thereafter
 they should bring the petitioner back to Thane
 Central Prison latest by 8:00 p.m. on 10th April,
 2006.

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 8. It is clarified that the escorting party
 shall be in plain clothes. It is further

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 ..(4)..

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 clarified that the petitioner shall make
 arrangement for the food and shelter of the

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 escorting party.

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 9. Writ Petition is disposed of.

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 10. Office to communicate this order to the

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 jail authorities, immediately.

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 11. Parties to act upon an authenticated copy

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 of this order.

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 (D.G.DESHPANDE, J.)

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 (SMT.V.K.TAHILRAMANI,J.)

Ramesh Bhaguram Tambe v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Ramesh Bhaguram Tambe v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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