The petitioner sought an extension of parole beyond the automatic re-surrender date due to his daughter's hospitalization. The court, on humanitarian grounds, extended the parole period by four days.
Extension of parole period by a further period of four days.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 448 OF 2017
Hanmant Nagnath Surwase
.. Petitioner
Versus
The Divisional Commissioner, Pune .. Respondents Division, Pune & Ors.
Appearances
Mr. D.G. Khamkar Advocate for the Petitioner Mr. H.J. Dedia APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
REVATI MOHITE DERE, JJ.
DATE : FEBRUARY 22, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
2. The petitioner preferred an application for parole which
was granted. Pursuant to the said order, he was released on
parole from 10.8.2016 to 8.9.2016 i.e for a period of 30 days.
On 16.8.2016, the petitioner preferred an application for extension of parole for a period of 30 days. The said
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application was granted by order dated 9.9.2016 and the parole period was extended from 9.9.2016 to 8.10.2016 i.e
for a period of 30 days. Thereafter, the petitioner preferred second application for extension of parole on 16.9.2016. He sought extension of parole for a period of 30 days i.e from 9.10.2016 to 7.11.2016. The said application was rejected by order dated 6.10.2016, hence, this petition.
3. Learned counsel for the petitioner states that as soon
as the order rejecting his application for second extension of parole was communicated to the petitioner, he surrendered back to the prison on 13.10.2016. It is stated that the daughter of the petitioner was admitted in the hospital in Solapur on 8.10.2016. On account of that, there was four days delay in surrendering back to the prison. The petitioner has prayed that his parole period be extended by a period of four days. Looking to the facts of this case, on humanitarian ground, we are inclined to extend the period of parole for a further period of four days.
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1 issue framed by the court
Whether the petitioner's period of parole should be extended on humanitarian grounds due to his daughter's hospitalization.
Hmant Nagnath Surwase
The Divisional Commissioner, Pune
V.K. TAHILRAMANI
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
