The High Court of Bombay dismissed a writ petition seeking parole leave. The court held that Rule 4(2) of the Maharashtra Prison Rules bars the petitioner from seeking leave until he completes the stipulated period of punishment for murder and dacoity.
Writ petition dismissed; petitioner not entitled to parole leave.
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.
18-cri-wp-5208-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5208 OF 2019
Santosh A. Chavan … Petitioner V/s. The State of Maharashtra and ors. … Respondents
Nihitha Shankaran (Appointed Advocate) for the Petitioner. Dr. F.R. Shaikh, APP for the Respondent – State.
CORAM : B.P. DHARMADHIKARI & N.R. BORKAR, JJ. DATE : DECEMBER 09, 2019.
P.C.
1] Heard learned Counsel (appointed) and learned APP. The petitioner seeks parole leave.
2] He has been sentenced on 21st March 2014 under Sections 302, 149, 396 and 397 of Indian Penal Code, 1860 (for short “IPC”). For Section 396 of IPC, he has to undergo life imprisonment while under Section 397 of IPC, he has to complete 7 years.
3] Rule 4(2) of the Maharashtra Prison (Parole and Furlough) Rules, operates as bar. Prisoner like the petitioner
Dinesh Digitally signedby Dinesh S. S. SherlaDate: 2019.12.11 Sherla 11:12:40 +0530
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Dinesh Sherla
18-cri-wp-5208-19.doc
cannot seek any leave till he completes stipulated period of punishment under Sections 396 and 397 of IPC. That part of period is yet to expire.
4] We, therefore, fnd no merit in the petition and the same is dismissed.
5] This order be communicated to the petitioner -prisoner in jail.
(N.R. BORKAR, J.) (B.P. DHARMADHIKARI, J.)
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Dinesh Sherla
1 issue framed by the court
Whether the petitioner is entitled to parole leave while the stipulated period of life imprisonment and the specific term under Sections 396 and 397 IPC remains unexpired.
2 provisions across 2 enactments
Santosh A. Chavan
The State of Maharashtra
B.P. DHARMADHIKARI
N.R. BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
