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Yemaji Baburao Lokhare, C.No. 5968, Central Prison, Abad v. the State of Mah

Parole leave – Rejection based on adverse police report – Principles of natural justice and compassionate grounds – Order quashed

Bombay HC28 Mar 2012WP/219/2012

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What is this about?

Criminal Writ Petition filed by a prisoner requesting parole due to his mother's illness. High Court held the impugned rejection order bad in law and directed release on parole within a week.

What did the court decide?

Impugned order rejecting parole application quashed; Divisional Commissioner directed to release petitioner on parole within a week on reasonable conditions.

Yemaji Baburao Lokhare, C.No. 5968, Central… — Pension and Retirement Benefits | Bombay HC (2012)

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criwp-219-12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.219/2012

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Yemajee Baburao Lohkare Age Major, Convicted Prisoner No.C-5968 Central Jail Harsool, Aurangabad Dist.Aurangabad. .. PETITIONER

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Versus

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1] The State of Maharashtra Through its Principal Secretary Home Department, Mantralaya, Mumbai-32.

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2] The Superintendent of Jail Central Jail, Harsool, Aurangabad Dist.Aurangabad.

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3] The Divisional Commissioner Commissioner office, Delhi gate Dist.Aurangabad.

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4] The Commissioner of Police Mill Corner, Aurangabad Dist.Aurangabad. .. RESPONDENTS

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Mr.M.S.Choudhari,Adv. [appointed] for petitioner Mr.S.D.Kaldate,A.P.P. for State.

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

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DATE : 28TH MARCH 2012.

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ORAL JUDGMENT :

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1] Rule. Rule is made returnable forthwith. By consent of

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parties, petition is heard finally.

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2] The petitioner-prisoner prayed for parole leave. Police report

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was called, which was adverse, therefore, the Divisional Commissioner rejected application for parole leave, by order dated 18/2/2012. A representation forwarded by the prisoner to this Court through registry, was treated as Writ Petition.

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3] Learned counsel Shri Choudhari was appointed for the petitioner. Original file from the office of Divisional Commissioner was called.

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4] The learned A.P.P. Shri S.D.Kaldate submits that in past, petitioner was released on furlough and he surrendered in time.

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3 criwp-219-12.odt

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The petitioner’s contention is that his mother is not well and therefore, his presence is required at home.

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5] Considering the material placed before us and the submissions advanced, we pass following order :

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6] The impugned order is quashed and set aside. We direct the Divisional Commissioner to pass appropriate order releasing petitioner on parole on reasonable conditions within a weeks time from the date of receipt of this order and communicate the same to the petitioner.

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7] Rule is made absolute in above terms.

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8] The learned counsel was appointed to represent the petitioner-prisoner. The Secretary, High Court Legal Services Sub Committee is directed to pay professional fees to the counsel, as per Rules.

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(T.V.NALAWADE, J.)

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(NARESH H. PATIL,J.)

Yemaji Baburao Lokhare, C.No. 5968, Central Prison, Abad v. the State of Mah

Case brief

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Yemaji Baburao Lokhare, C.No. 5968, Central Prison, Abad v. the State of Mah

Case brief

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