In this criminal writ petition, the High Court rejected the petitioner's claim for parole based on his wife's hypertension, holding it insufficient for release.
No indulgence was granted; the order refusing parole was upheld and the petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO.675 OF 2010.
MAHENDRA PURUSHOTTAM LONDHE VS.
THE DIVISIONAL COMMISSIONER, NAGPUR DIVISION NAGPUR AND ANOTHER
______________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
By post.
Smt. B. P. Maldhure, APP for State.
CORAM: A.H. JOSHI AND
A.R. JOSHI, JJ.
DATE: 13th DECEMBER 2010.
1.This is a letter petition.
2.We have perused the petition and
annexures.
3.The petitioner claims release on the
medical certificate issued by the Dy. Medical
Superintendent I.G.M.C. & Hospital, Nagpur. It is
certified therein that the petitioner's wife is
suffering from hypertension.
4.On the basis of the said certificate, we
are not convinced that it would constitute the
ground for release on parole.
5.We, therefore, see no ground to grant any
indulgence in the order passed by the Divisional
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Commissioner refusing to grant parole.
6. In the result, this petition is dismissed.
Judge
Judge
//mule//
2 issues framed by the court
Whether a medical certificate stating the prisoner's wife suffers from hypertension constitutes grounds for release on parole.
Whether the Divisional Commissioner's order refusing parole was arbitrary and required to be quashed.
Mahendra Purushottam Londhe
The Divisional Commissioner, Nagpur Division Nagpur
A.H. Joshi
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court