Dismissed

Sunil Anandrao Sawant, C.No. 4361, Open District Prison, Paithan v. the State of Maharashtra

Bombay HC2 Aug 2013WP/482/2013

Case brief

AI extract

What is this about?

In this habeas corpus regarding parole/furlough, the High Court of Judicature at Bombay Bench at Aurangabad considered an application by a prisoner seeking release. The court reviewed prior judgments and affidavits, noting the petitioner's wife's serious objections and fears of recidivism. The court found the denial of parole justified based on the totality of facts and circumstances.

What did the court decide?

The Writ Petition stood dismissed.

Sunil Anandrao Sawant, C.No. 4361, Open District Prison… — Bail and Remand | Bombay HC (2013)

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cwp482.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.482 OF 2013

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Sunil Anandrao Sawant,

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C. No.4361, Open District Prison,
Paithan, Dist-Aurangabad.

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...PETITIONER

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 VERSUS

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The State of Maharashtra.

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...RESPONDENT

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...

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 Shri.N.B. Deshpande Advocate appointed for
 Petitioner.

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 Smt.A.V. Gondhalekar, A.P.P. for Respondent.
 ...

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CORAM: NARESH H. PATIL AND
 A.I.S. CHEEMA, JJ.

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 DATE : 2ND AUGUST, 2013

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ORDER :

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1. The learned counsel for the Petitioner

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cited the Full Bench Judgment in the case of Dipak

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s/o Sudhakar Wakalekar vs. State of Maharashtra

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cwp482.13

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and others, 2011 ALL M.R.(Cri.) 1933. We have
perused the same.

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2. The learned A.P.P. placed on record

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affidavit in reply filed on behalf of the
Respondent. We have perused the same. The learned
A.P.P. read out the statement of wife of the
Petitioner, prisoner, which was recently recorded.
The learned A.P.P. submits that wife of the
Petitioner objected for release of the Petitioner
on Parole or Furlough. The wife of the Petitioner
has serious objections and she has stated that if
the Petitioner is released on Parole/Furlough
leave, he may commit another crime.

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3.Considering the facts of the case and the
record placed before us, we are of the view that

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the jail authorities have rightly exercised their
discretion, considering entirety of the facts and

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circumstances of the case. There is no merit in
the Petition. The Writ Petition stands dismissed.

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cwp482.13

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4. The Secretary, High Court Legal Services

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Sub Committee, Aurangabad to make payment of fees
to the learned counsel, appointed.

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[A.I.S. CHEEMA,J.] [NARESH H. PATIL,J.]

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asb/AUG13

Sunil Anandrao Sawant, C.No. 4361, Open District Prison, Paithan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sunil Anandrao Sawant, C.No. 4361, Open District Prison, Paithan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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