High CourtsSingle Bench(2018) 01 BOM CK 0098

Maruti Ramchandra Gholap vs State of Maharashtra

Bombay High Court · Decided on 19 January 2018

HON’BLE JUDGES
V.K.Tahilramani, M.S.Karnik
CASE NUMBER
14 of 2018

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Judgment

18 paragraphs · 365 words
1.

Rule. By consent, Rule is made returnable forthwith.

2.

Heard both sides.

3.

The petitioner preferred an application for parole on 10/01/2018 on the ground of marriage of his daughter which is to take place on

23/01/2018 at 12.45 p.m. at Village - Kari, Taluka - Bhor, District - Pune. The said application was rejected by order dated 15/01/2018. Being

aggrieved thereby, the petitioner preferred an Appeal. The Appeal was dismissed by order dated 18/01/2018, hence this Petition.

4.

Learned APP states that the application of the petitioner came to be rejected on the ground that earlier when he was released on parole in the

years 2005, 2006 & 2016, he did not report back in time and there was delay of 171, 1743 & 30 days respectively in reporting back to the

prison. In view of these facts, it is apprehended that if the petitioner is released on parole, he will abscond and will not report back to the prison. It

is further stated that when police made enquiry in Village - Kari, Taluka - Bhor, it appeared that there was no marriage on 23/01/2018. Learned

Counsel for the petitioner states that offence was committed by the petitioner against the villager in Village - Kari, hence, the villagers are on

enemical terms with the petitioner, hence they may not have given correct information. However, in view of the case of the petitioner that his

daughter is getting married on 23/01/2018 at the above mentioned place, we are of the opinion that on humanitarian ground, the petitioner be

allowed to attend the marriage at Village - Kari under police escort. Cost of the escort to be borne by the petitioner. However, it is directed that

escort shall be in plain clothes. The escorting party shall take the petitioner to Village - Kari on 23/01/2018 so as to reach Village Kari at 9.30

a.m.. After the marriage is over latest by 5.00 p.m., the escorting party shall leave the Village - Kari and bring the petitioner back to Yerwada

Central Prison where he was lodged the same night.

5.

Rule is made absolute in the above terms.

6.

Authenticated copy be furnished to the parties.