Allowed

Suresh Ratan Salvi v. the State of Mah and Ors.

Bombay HC2 Mar 2012WP/122/2012

Case brief

AI extract

What is this about?

Criminal Writ Petition seeking parole for a life convict due to his wife's critical illness requiring surgery, which his daughter could not manage alone. The petitioners showed a clean record since conviction in 2002.

What did the court decide?

Impugned order rejecting parole application quashed; petitioner directed to be released on parole with personal bond and cash surety within a week.

Suresh Ratan Salvi Vs the State of Mah and Ors. — Pension and Retirement Benefits | Bombay HC (2012)

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1 Cri.W.P. No.122 of 2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Criminal Writ Petition No.122 of 2012

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• Suresh s/o Ratan Salvi	]
Age 45 years,	]
Occu: Prisoner No.4203	]
R/o District Open Prison,	]
Paithan, Taluka Paithan,	]
District Aurangabad.	].. Petitioner.

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Versus

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1) The State of Maharashtra Through Secretary, Home Department, Mantralaya, Mumbai.	] ] ] ] ]
2) The Divisional Commissioner, Aurangabad Division, Aurangabad.	] ] ]
3) The Superintendent of Prison District Open Prison, Paithan.	] ] ]	.. Respondents.

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Smt. Rashmi P. Gour, Advocate for petitioner.

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Shri. S.D. Kaldate, Additional Public Prosecutor, for respondent Nos.1 to 3.

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CORAM: NARESH H PATIL & T.V. NALAWADE, JJ.

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DATE 2^nd MARCH 2012

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2 Cri.W.P. No.122 of 2012

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ORAL JUDGMENT (Per Naresh H Patil, J.):--

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Rule, made returnable forthwith. By consent heard

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finally.

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The learned counsel for the petitioner submits that the petitioner was convicted in the year 2002 and sentenced to suffer life imprisonment. The petitioner was released on furlough in the years 2009, 2010 and 2011. He surrendered to the jail authorities in time. There is no adverse record against the petitioner while he was undergoing the sentence in jail.

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The petitioner had applied for parole for taking care of his wife. She is required to be operated upon. A medical certificate is placed on record. The application came to be rejected by the Divisional Commissioner. Hence this petition.

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We have considered the submissions advanced and perused the record. In the peculiar facts of the case and keeping in view the past record of the petitioner as a convict we are of the view that, the petitioner could be released on parole as his wife is ill and requires urgent medical attention.

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3 Cri.W.P. No.122 of 2012

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The learned counsel for the petitioner submits that, petitioner’s daughter got married, therefore, she is also unable to look after her mother. Taking into consideration the totality of the circumstances we pass following order.

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The impugned order dated 25-1-2012 passed by the Divisional Commissioner, Aurangabad rejecting the application for grant of parole is quashed and set aside. The respondents are directed to pass appropriate orders releasing the petitioner on parole on his executing Personal Bond and cash surety in the sum of Rs.5,000/- (rupees five thousand). The order shall be passed within a week from the date of receipt of the order of this Court. The parties to act upon authenticated copy of this order signed by the Court Sheristedar. Authenticated copy of the order be given to the counsel for the petitioner and the learned Additional Public Prosecutor.

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Rule is made absolute in the above terms.

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Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl

Suresh Ratan Salvi v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Suresh Ratan Salvi v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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