The High Court of Judicature at Bombay (Nagpur Bench) dismissed a criminal writ petition seeking parole based on the death of the petitioner's father. The court held that the petitioner was already on furlough when the father died and was present at the house at the time, rendering the plea untenable.
Petition dismissed.
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0602wp117.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.117 OF 2019
(Kunal Anil Jaiswal vs. The Superintendent, Central Prison, Nagpur)
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Ms. S.B. Khobragade, Advocate for petitioner. Shri T.A. Mirza, Additional Public Prosecutor for respondent.
---------- CORAM : P.N. DESHMUKH AND ROHIT B. DEO, JJ. DATED : FEBRUARY 6, 2019
Heard learned Counsel for the parties.
We find no substance in the petition as from the impugned order it is noted that petitioner, who is seeking parole on the ground of death of his father, was already on furlough when his father expired on 31/12/2018. It is further noted that petitioner surrendered back to Jail on 27/1/2019. It is, therefore, apparent that when his father died on 31/12/2018, petitioner was very much available in his house and thereafter for about 27 days since he surrendered back to Jail on 27/1/2019.
In that view of the matter, we find that no case is made out by petitioner for grant of parole on the ground of death of his father. The petition is, therefore, dismissed.
JUDGE
JUDGE
khj
3 issues framed by the court
Whether parole should be granted on the ground of death of the petitioner's father when he was already on furlough at the time of death.
Whether the petitioner's availability at his father's house after death establishes a case for parole.
Whether the petitioner's surrender to jail defeats the claim for parole.
Kunal Anil Jaiswal
The Superintendent, Central Prison, Nagpur
P.N. DESHMUKH
ROHIT B. DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
