Challenging delays and rejection of a parole application following his father's death. The Court allowed the petition and directed release on parole for the petitioner to share grief with his family.
The petitioner is directed to be released on parole on usual terms and conditions to share grief with his family.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1653 OF 2009
Harvindar Pal Gurmitsingh ..Petitioner
versus
The State of Maharashtra ..Respondent
Mr.D.P.Adsule, APP for the Respondent State
CORAM: Bilal Nazki &
DATE : 22nd SEPTEMBER, 2009.
P.C:
1.Petitioner is suffering life imprisonment.
On last occasion he was granted parole in June 2007
and he surrendered back in time after availing the
leave. Thereafter he applied for parole when his
father was ill, but that was not granted. Thereafter
he filed an application for parole when his father
died in September 2008. The respondent did not decide
his application till 30.4.2009, although it required
immediate attention as father of the petitioner had
died. Surprisingly, on 30.4.2009 the Divisional
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Commissioner rejected his application for parole on
reason that long time has passed since his father had
died. Long time had passed because of him and not
because of the petitioner. The petitioner is made to
suffer by the Divisional Commissioner for his own
wrongs. In any case if sombody�s father dies,
whenever it is possible for him, he may like to see
his family, even if he is not able to reach home at
the time when his father died. These are human issues
and it appears that the respondents are not sensitized
enough to understand the human values. In this view
of the matter we allow the petition and direct the
petitioner be released on parole on usual terms and
conditions so that he shares the grief of death of
his father with rest of his family.
2.Petition disposed of accordingly.
(Bilal Nazki, J.)
(A.R.Joshi, J.)
1 issue framed by the court
Whether petitioner should be released on parole to meet his family after his father's death pending administrative response.
Harvindar Pal Gurmitsingh
The State of Maharashtra
Bilal Nazki
A.R. Joshi
As recorded by the court registry
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