SHANKAR PANDURANGJI UIKEY Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Heard the learned Counsel for the parties. Rule. Rule is made returnable forthwith.

(2.) The petitioner has approached this Court praying for directions to the respondents to release him on parole leave for thirty days on the ground that his wife is ill. The petitioner had applied for grant of parole leave on the ground of illness of his wife on 10th of December, 2012 and the Jail Authority had forwarded the application of the petitioner to the respondent No. 1--The Divisional Commissioner, Nagpur Division, Nagpur. The Police reports were called, which were received on 8th of January, 2013 and 16th of February, 2013 and they were adverse to the petitioner. Therefore, the application of the petitioner was rejected.

(3.) The respondents have submitted that when the petitioner was earlier released on parole leave on two occasions, he surrendered late by 30 days and 60 days respectively. However, the petitioner had surrendered on his own and he was not required to be arrested and brought back to the jail. The respondent No. 2, in the reply filed before this Court has stated that the wife of the petitioner is suffering from stomach ailment and she is taking treatment from Dr. Pawde.