DADARAO AMRUT GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Mr. Fulzele, Additional public Prosecutor waives notice on behalf of respondents. By consent of the learned counsel appearing for the parties, this petition is taken up for final disposal.

(2.) THE petitioner by this petition seeks extension of parole granted to him by the Divisional Commissioner, Amravati. Extension of parole is sought for two months from 17-5-2004, or in the alternative the petitioner has also prayed that the period from 16-5-2004 to 26-6-2004 i. e. the period during which he did not surrender may be treated as period of parole.

(3.) THE petitioner has been convicted for an offence under section 302 of indian Penal Code and sentenced to imprisonment for life and his appeal has been dismissed. The petitioner applied for parole for a period of one month from 15-4-2004 to 16-5-2004 to the Divisional Commissioner, Amravati on the ground that his wife was sick. The parole was granted by respondent No. 2 herein i. e. the division Commissioner, Amravati. The petitioner did not surrender on 16-5-2004 in terms of order granting parole to the petitioner but he surrendered only on 26-6-2004 and, as such there is delay of 42 days in surrendering to prison.