Dismissed

Shivchand @ Shiva Somaji Khandke, Convict No. C 7029 v. the Divisional Commissioner, Nagpur Division and Anr.

Bombay HC3 Dec 2010WP/626/2010

Case brief

AI extract

What is this about?

In a letter petition, the petitioner challenged the rejection of his parole request, citing his ill wife and prior personal bond release. The High Court rejected the petition, finding the rejection based on the Authority's dissatisfaction with the need for parole and lack of confidence in the medical certificate.

What did the court decide?

The writ petition was rejected. Petitioner informed of order.

Shivchand @ Shiva Somaji Khandke… — Constitutional and Fundamental Rights | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR

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Criminal Writ Petition No. 626 of 2010

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[Shivhand alias Shiva Somaji Khandke Vs. Divisional Commissioner, & another]

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Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.

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Received by Post.
Mr. T.A. Mirza, APP for respondent nos. 1 and 2.

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 -----

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CORAM: A.H. JOSHI AND
A.R. JOSHI, JJ.

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DATE : 03rd December, 2010.

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1. This is a Letter-Petition.

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2.Petitioner�s grievance is that because
of adverse police report, he has not been
granted parole which was prayed for by him. He
further pleads that on earlier occasion he had
offered a guarantor, and by accepting the same
guarantor, now he should be released on parole.

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3. We had called for the record.

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4.Heard learned APP Mr. T.A. Mirza for
the respondents and perused the record.

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5.It is seen that petitioner�s wife
Sunita is suffering from the ailment which is

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diagnosed as �Acute Gastric Trouble.�

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6.It is seen that on earlier occasion
petitioner was released on Personal Bond.

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7.Petitioner�s grievance that rejection
of his request for release on parole is on
account of the surety offered by him to be
incompetent is factually incorrect.

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8.On the present occasion, it is seen
that the parole is refused on the ground that
the Authority is not satisfied as to its need.

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9.Even we are of the view that the
Medical Certificate does not inspire confidence
as to the ground of sickness, and sickness being
so severe that the petitioner be granted parole.

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10.In the result, we reject the Writ
Petition, upholding that rejection of parole was
based on sound reasons.

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11.Petitioner be informed about this
order. Superintendent of Jail should arrange to
interpret the contents of this order and reasons
of rejection to the prisoner.

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JudgeJudge
|Hedau|

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Shivchand @ Shiva Somaji Khandke, Convict No. C 7029 v. the Divisional Commissioner, Nagpur Division and Anr.

Case brief

What is this about?

What did the court decide?

Shivchand @ Shiva Somaji Khandke, Convict No. C 7029 v. the Divisional Commissioner, Nagpur Division and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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