RANJANA NITIN WADILE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an obvious attempt to somehow manipulate the system and circumvent the rules for soliciting an order. The petitioners are seeking emergency parole under the Prisons (Bombay Furlough and Parole) Rules, 1959 ("Prisons Rules") for petitioner no. 2 who is lodged in Nasik Central Prison.

(2.) The matter has been moved before us on a holiday on the ground that mother of petitioner no. 2 has died at Dondaicha, Taluka - Sindkheda, District - Dhule. It is averred that the petitioners could not get any legal assistance at Mumbai to file a petition before the Principal Seat.

(3.) In spite of the fact that admittedly the Court which has convicted the petitioner no. 2 i.e. District and Sessions Court Mangaon, is under the jurisdiction of the Principal Seat and he is lodged in the Central Prison at Nasik and still instead of moving this petition before the Principal Seat, the petitioners have been bold enough to file it here under the pretext that it is an emergency and the death has occurred within the jurisdiction of this bench. This is clearly in breach of Chapter XXXI of the Bombay High Court Appellate Side Rules, 1960, which does not admit of any exception.