RAJU NATHUJI DHENGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. By consent of the learned Counsel for the parties taken up for final hearing.

(2.) The petitioner was convicted in the year 1995 for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment. On 6-8-2003 the petitioner was released on parole leave for 30 days. On 10-8-2003 the petitioner moved an application for extension of parole leave by 30 days. The petitioner did not receive any communication from the jail authorities. He made telephonic enquiry on which the respondents assured him that the application for extension of parole leave would be granted. It is further contended by the petitioner that on 19-9-2003 the petitioner moved a fresh application for extension of parole leave by 30 days on the ground of illness of the mother of the petitioner. The petitioner also made telephonic enquiry with the authorities on which the petitioner was assured that his application for extension for parole leave would be granted.

(3.) The petitioner further contends that on 3-11-2003 the petitioner surrendered before the respondent No. 4 on his own. On 24-11-2003 the respondent No. 2 for the first time informed the petitioner about rejection of both applications filed for extension of parole leave. On 2-12-2003 the petitioner filed an appeal before respondent No. 1 against the order passed by respondent No. 2. Nothing was communicated to the petitioner in respect of the appeal filed by him. In the mean time, the prison authority had imposed punishment of reduction of remission of the petitioner in the ratio of 1 : 3 days and accordingly for the period of over stay total 177 days of remission was reduced. The petitioner filed one more appeal on 16-4-2008 against the same order. Nothing was communicated to the petitioner about this appeal also. According to the petitioner, On 18-8-2008 the respondent No. 1 rejected the appeal.