PRABHU BABU CHAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith.

(2.) The petitioner is a convict undergoing imprisonment in connection with sessions Case No. 18 of 1984 decided on 10-5-1985 by the learned Additional Sessions Judge, Jalgaon.

(3.) Undisputed facts are that the petitioner applied for parole leave in writing by application dated 5-8-2006 addressed to the divisional Commissioner, Aurangabad. The divisional Commissioner, Aurangabad called for the report of concerned police by communication dated 14-8-2006. The report was submitted through the Superintendent of police, Jalgaon on 26-9-2006. The police at that stage had certain reservations regarding release of the petitioner. They, in fact, objected to the release. The Divisional Commissioner thereafter called for another report by communication dated 10-10-2006. It is the case of the police that the report was submitted to the office of the Divisional Commissioner on 14-12-2006. Accordingly by order dated 27-8-2007 the Deputy Inspector General (Prisons) released the petitioner on parole on the ground of death of his mother who expired on 20-8-2007.