SAHEBRAO TUKARAM JUWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by the consent of Dr. Mrs. R. K. Shastry, Adv. for the petitioner and mr. T. A. Mirza, A. P. P. for the respondents.

(2.) This Criminal Writ Petition is directed against the order dt. 24-4-2007 passed by the competent Authority whereby the application of the petitioner for grant of parole leave came to be rejected on the basis of the adverse police report in view of the Rule 4 (4) of the Prison (Bombay Furlough and Parole) Rules, 1959 hereafter referred to as "the 1959 Rules". Learned counsel for the petitioner has submitted that the petitioner forwarded the application for grant of parole leave on account of illness of his son namely sandeep Sahebrao Juwari through the Superintendent of Prison to the competent authority i. e. Divisional Commissioner, nagpur Division, Nagpur on 1-12-2006. It is contended that, at the relevant time, the son of the petitioner has suffered fracture of right hand and since he was in need of proper medical help, the petitioner had applied for grant of parole leave in view of Rule 19 of the 1959 Rules. Counsel for the petitioner further contended that the ailment of son of the petitioner was of a serious nature and the petitioner, in view of provisions of rule 19, was entitled to be released on parole leave, however, the competent Authority took more than four months to decide the application of the petitioner and finally rejected the same vide impugned order dt. 24-4-2007. It is submitted that though the son of the petitioner somehow managed to recover from the ailment without any help of the petitioner within four months, however, this has not only caused great prejudice to the petitioner but the delay in deciding the application by the competent Authority has resulted in miscarriage of justice.

(3.) The counsel for the petitioner has submitted that the application dt. 1-12-2006 submitted by the petitioner for grant of parole leave was accompanied by Certificate dt. 13-9-2006 issued by Dr. Vilas Dhage; however, the procedure undertaken by the authorities took long time and therefore, the purpose and cause for which the application for grant of parole leave was made was frustrated.