The Court dismissed a petition seeking extension of parole. It rejected the petitioner's medical certificate as insufficient for parole, noted his history of late reporting, and held that parole is not a right.
Extension of parole rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR
Criminal Writ Petition No. 207 of 2012
[Prabhakar Narayanrao Late Vs. Divisional Commissioner,
Amravati & another]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Letter-Petition is received by Post.
Mr. R.S. Nayak, APP for respondents.
CORAM : A.H. JOSHI AND SMT. SADHANA S.JADHAV, JJ.
DATE : 17th April, 2012.
1. Perused the Letter-Petition and the reply dated
15th April, 2011 sent by the Divisional Commissioner,
Amravati, rejecting the extension of parole.
2.Perusal of the Medical Certificate dated 24th
March, 2011, issued by Dr. Umesh Pathak, relied upon
by the petitioner, does not demonstrate that the
ailment suffered by a patient for whose assistance
extension of parole is sought, is of the degree of
seriousness supporting extension of parole.
3. Moreover, the petitioner�s record shows that he
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had on earlier three occasions reported late in the
prison inordinately. The extension of parole is not a
right.
4. In these circumstances, petition has no merit, and is dismissed.
5.Learned APP is directed to communicate this
order to the Superintendent, Central Prison, Amravati,
who shall, in turn, interpret and explain the same in
the language understood by the petitioner.
6.Steno copy of this order be supplied to learned
APP to act upon.
JudgeJudge
|Hedau|
2 issues framed by the court
Whether extension of parole should be granted to the petitioner given late reporting and rejection of medical grounds.
Whether the privilege of parole is a right or a concession subject to prison regulations and conduct.
Prabhakar Narayanrao Late
Divisional Commissioner, Amravati
A.H. JOSHI
SADHANA S.JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court