BHASKAR MAHADU MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Mr. R.V.Patil APP waives service of RULE on behalf of respondents. By consent heard forthwith. Heard Assistant Public Prosecutor.

(2.) THIS is a petition by Bhaskar Mahadu Mhatre, who is at present lodged in Yerawada Central Prison and is undergoing sentence of life imprisonment for having committed offence under section 302 of IPC alongwith his brother. It is the contention of the petitioner that he has already undergone 10 years of imprisonment and has not been released on parole or furlough due to which his family is facing great hardship. His family consists of old mother, his wife and children, who are maintaining themselves by doing labour work. It is submitted by him that his application for parole has been refused because of adverse police report and that is why he has approached this court for seeking his release on parole. It is the contention of the petitioner that his wife Sitabai aged about 35 years who is residing at Khutari, Taluka Panvel, District Raigad is seriously ill and that if he is released on parole he can attend to his wife and provide her with immediate medical treatment and also make necessary arrangement for his children and family. He has submitted that his conduct in the last 10 years in the prison has been good because of which he has been promoted as watchman and also helping the prison authorities in prison administration and he has assured that if released on parole he shall not commit any offence or commit any breach of peace and that he shall obey all he conditions and rules laid down or imposed for his release on parole and shall report to the prison immediately on the expiry of his leave period. He has stated that the police have been giving adverse report in his case at the instance of his rivals.

(3.) IN the result we direct the respondents-authorities competent to grant parole leave, grant parole leave to the petitioner for a period of thirty (30) days on usual terms and conditions during which period the petitioner shall keep peace. Rule made absolute in aforesaid terms. Rule made absolute.