Allowed

Pradipkumar Shankarrao Yamgar, Army Convict No. 7619 v. the State of Mah. Thr. Secretary, Home Department and Anr.

Bombay HC9 Dec 2010WP/631/2010

Case brief

AI extract

What is this about?

In this letter-petition, the petitioner, an army convict, sought parole which was rejected by the Divisional Commissioner on an adverse police report. The Court held the report based on imagination and granted parole for thirty days on furnishing a personal bond and solvent surety.

What did the court decide?

The order refusing parole dated 5th August, 2010 set aside. Petitioner granted parole for thirty days on furnishing a personal bond and a solvent surety in a sum of Rs. 1,000/-.

Pradipkumar Shankarrao Yamgar, Army Convict No. 7619… — Service and Employment | Bombay HC (2010)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

NAGPUR BENCH : NAGPUR Criminal Writ Petition No.631 of 2010

¶4

Pradipkumar Shankarrao Yamgar,
Army Convict No. 7619,
Central Prison,
Nagpur..... Petitioner.
Versus
1.The State of Maharashtra,
through Secretary,
Home Department,
Mumbai.
2.The Superintendent,
Central Prison, Nagpur..... Respondents.
*****
Petition is received by Post.
Mr. D.B. Patel, Addl. Public Prosecutor for the
respondents.
 *****
CORAM :A.H. JOSHI AND
A.R. JOSHI,JJ.
 Date : 09th Dec., 2010.

¶5

ORAL JUDGMENT [Per A.H. Joshi, J.]:

¶6

1.Rule. Rule is made returnable forthwith. Heard
finally.

¶7

2. This is a Letter-Petition.

¶8

¶9

3.Petitioner claims that he be released on parole
by this Court, as his application has been rejected by
Divisional Commissioner based on adverse police report.

¶10

4. We had called for the papers.

¶11

5. By Order dated 5^th August, 2010, petitioner�s request for parole has been rejected. The grounds of rejection are as follows:-

¶12

[a] According to police report, to look after the family, at the house of the prisoner, his father and wife are available.

¶13

[b] As per the report received from police, if the prisoner is released, there is likelihood of breach of peace.

¶14

6.Statements of [1] Sau. Durgabai Dadaraoji Khode,
and [2]Sau. Jagruti Shailesh Patel recorded by police do
not disclose anything adverse. The adverse report by the
police is, thus, based on imagination.

¶15

7. It is seen that petitioner was earlier released on parole and any untoward incident was not reported.

¶16

8. We are satisfied that the objection raised by the police as to breach of peace is without any foundation.

¶17

¶18

9.In this background this Court is satisfied that
the petitioner ought to have been granted parole prayed for
by him.

¶19

10. Hence the following order:-

¶20

[a]The order passed by the Divisional
Commissioner, Nagpur, dated 5th August, 2010
refusing the parole is set aside.

¶21

[c]Petitioner is granted parole for thirty days on
furnishing a Personal Bond and a Solvent Surety
in a sum of Rs.1,000/- [rupees one thousand
only], on the condition that he shall report
back to jail after completion of parole,
without fail.

¶22

11. Rule is made absolute accordingly.

¶23

JUDGEJUDGE

¶24

-0-0-0-0-

¶25

|hedau|

¶26

Pradipkumar Shankarrao Yamgar, Army Convict No. 7619 v. the State of Mah. Thr. Secretary, Home Department and Anr.

Case brief

What is this about?

What did the court decide?

Pradipkumar Shankarrao Yamgar, Army Convict No. 7619 v. the State of Mah. Thr. Secretary, Home Department and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abdul Kareem S/O Ahemad Saheb (Prop. T.K. Bartanwale) Vs State of Mah. Thr. Commissioner of Police Nagpur and Anr.

Rahim Ibrahim Mirza, Convict No. C-5668 Vs the D.I.G. Prison (E) (R) Nagpur and 3 Oths

Shyamrao Shripath Pakhare, Convict No. C 40 Vs the D.I.G. Prison (C) (R) Amravati Division and Anr.

Deepak Sanjab Shinde Vs State of Mah. Thr. P.S.O. Talegaon Dashasar

Smt. Karuna W/O Biharilal Patle Vs State of Mah. Thr. Secretary, Home Deptt. and 3 Oths

Laxman S/O Natthuji Raghorte and 2 Oths Vs the State of Mah. Thr. P.S.O., P.S. Umrer