The High Court dismissed a writ petition challenging the rejection of an application for extension of three-year parole leave by a convicted person due to his wife's alleged ill health, finding no material to support the claim of serious illness.
Writ petition dismissed with no order as to costs.
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WP115-18
1
FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 115/2018
(YUNUS KHA DILAWAR KHA PATHAN (IN JAIL) VERSUS THE DIVISIONAL COMMISSIONER, AMRAVATI DIVISION, AMRAVATI & ANOTHER)
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
CORAM : SMT. VASANTI A NAIK AND A.D. UPADHYE, JJ. DATE : FEBRUARY 16, 2018.
By this writ petition, the petitioner challenges the order of the respondent no.1, dated 13.12.2017 rejecting the application of the petitioner for extension of parole leave.
On hearing the learned counsel for the parties and on a perusal of the record, it appears that the petitioner was released on parole for thirty years due to the ill-health of his wife and the application made by the petitioner for extension of parole leave for fifteen days was rejected as the petitioner had not produced any document to show that the wife of the petitioner was seriously ill and the parole leave was liable to be extended. An adverse police report was received after the petitioner sought for the extension of the parole leave.
We do not find any illegality in the impugned order as it does not appear from the record that the wife of the petitioner was seriously ill and that it was necessary for the petitioner to take her care during her illness. In the absence of any material to support the case of the petitioner that his wife was extremely ill, the learned Divisional Commissioner had rightly rejected the application for extension of parole leave.
WP115-18
2
Since there is no scope for interference with the impugned order, we dismiss the writ petition with no order as to costs.
JUDGE JUDGE
APTE
1 issue framed by the court
Whether the rejection of the petitioner's application for extension of parole leave was arbitrary given the alleged ill health of his wife?
Yunus Kha Dilawar Kha Pathan
Dilawar Kha Pathan (Jailed predecessor)
The Divisional Commissioner, Amravati Division
Another
Vasanti A Naik
A D Upadhye
As recorded by the court registry
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