The Court refused to grant parole to the petitioner on grounds of illness as Rule 19 of the 1959 Rules does not cover it. The Court directed the petitioner to apply for furlough instead.
The prayer for release on parole was rejected; the petitioner was directed to apply for furlough.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
9. cri apeal 1611-18.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1611 OF 2018
Shashikant C. Chaudhari
.. Petitioner
Versus
The State of Maharashtra
.. Respondent
| Appearances | |
|---|---|
| Mr. Hrishikesh Mundargi i/by | |
| Mr. Madan Gupta | Advocate for the Petitioner |
| Mrs. G.P. Mulekar | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : APRIL 9, 2018.
P.C.:
parole. The ground on which the petitioner is seeking parole is his own illness. The Prisons (Bombay Furlough and Parole) Rules, 1959 does not provide for releasing a prisoner on parole on the ground of his illness. Rule 19 of the said Rules provides that a prisoner can be released on parole on the
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9. cri apeal 1611-18.doc
ground of serious illness or death of nearest relative or marriage of near relative or in case of natural calamity. Thus, it is not possible for us to grant the prayer of the petitioner.
3. Learned counsel for the petitioner submitted that the
petitioner is ailing and hence, it is necessary that he be released from prison either on parole or furlough at the earliest. As far as parole is concerned, we have already discussed above why the petitioner cannot be released on parole. As far as releasing the petitioner on furlough is concerned, it would be open to the petitioner to prefer an application to the Sanctioning Authority for being released on furlough. If such an application is preferred, the concerned
Authority to decide the same within 45 days of receipt of the same in accordance with law.
[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]
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1 issue framed by the court
Whether the petitioner be released on parole on the ground of his illness.
1 provisions across 1 enactments
Shashikant C. Chaudhari
The State of Maharashtra
VK Tahilramani
MS Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
