Allowed

Kailash Vitthalrao Waghmare v. Divisional Commissioner, Nagpur Division, Nagpur and Another

Bombay HC26 Sept 2024WP/769/2024

Case brief

AI extract

What is this about?

A prisoner sought parole leave on account of his father's illness; the authority rejected it because his mother allegedly refused to act as surety. The High Court quashed the rejection and directed the authority to take the mother's willingness afresh and decide within four weeks.

What did the court decide?

Impugned rejection order dated 11.07.2024 quashed; parole application remanded for fresh consideration within four weeks.

Kailash Vitthalrao Waghmare Vs Divisional Commissioner… — Bail and Remand | Bombay HC (2024)

¶1

2024:BHC-NAG:10821-FB

wp769.24

Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

¶6

CRIMINAL WRIT PETITION NO. 769 OF 2024.

¶7

Kailash Vitthalrao Waghmare, Aged 45 years, resident of Ekamba Tahsil Himayatnagar, District Nanded C/300, Open Prison, Nagpur. ... PETITIONER.

¶8

VERSUS

¶9

1.Divisional Commissioner, Nagpur Division, Nagpur. 2.Superintendent of Jail, Open Prison, Nagpur, District Nagpur. .. RESPONDENTS.

¶10

--------------------------------Ms S.B. Khobragade, Advocate for the Petitioner. Mr. A.M. Joshi, A.P.P. for Respondents. ----------------------------------

¶11

CORAM : VINAY JOSHI AND

¶12

VRUSHALI V. JOSHI, JJ.

¶13

DATE : SEPTEMBER 26, 2024.

Rgd.

Judgment

wp769.24

ORAL JUDGMENT (PER VINAY JOSHI, J.) :

¶19

Heard.

¶20

Rule. Rule is made returnable forthwith and by consent of

¶21

the learned Counsel for the parties, the matter is taken up for final disposal.

¶22

The petitioner has prayed for grant of parole leave on account of illness of his father. The Authority has rejected his urge by the impugned communication dated 11.07.2024. The rejection is mainly on the ground that mother of petitioner has refused to stand as surety.

¶23

As regards to reason for seeking parole is concerned, that is not in dispute. The learned Counsel for the petitioner would submit that mother of the petitioner is an illiterate lady and she is ready to stand as surety, however, mistakenly the police has understood that she does not wish to stand as surety. In the circumstances, we proceed

Rgd.

Judgment

wp769.24

to pass the following order.

¶29

ORDER

¶30

[i] Criminal Writ Petition is allowed and disposed of.

¶31

[ii] The order dated 11.07.2024 passed by respondent no.1 is hereby quashed and set aside. The matter is relegated back to the said Authority, where the mother of petitioner shall appear and express her willingness about acting as surety for the petitioner, on which the Authority shall pass appropriate order within a period of four weeks.

¶32

[iii] Rule is made absolute in aforesaid terms with no order as to costs.

¶33

JUDGE J UDGE

¶34

Rgd.

Kailash Vitthalrao Waghmare v. Divisional Commissioner, Nagpur Division, Nagpur and Another

Case brief

What is this about?

What did the court decide?

Kailash Vitthalrao Waghmare v. Divisional Commissioner, Nagpur Division, Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deepak S/O Vithalrao Chandekar and Another Vs State of Mh through Pso Pachpaoli Nagpur and One Another

Pramod @ Chhotu Chandrikaprasad Mishra and Another Vs the State of Maharashtra Thr. Pso., P.S. Mankapur, Dist.Nagpur and Others

Rizwan Alias Bablu Rafiq Gori Vs the State of Maharashtra Thr. Pso., P.S. Pandharkawda, Dist.Yavatmal and Another

Shri. Shashank Ravindra Lonare vs the State of Maharashtra the. P.S. Chandrapur City, Dist. Chandrapur and Another

Vinit Omprakash Tak vs the State of Maharashtra through Pso Ps Sadar Nagpur and Another

Gajanan Kashinath Kamble vs State of Mah. Thr. Pso Home Dep.(Special) Mumbai and Another