RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

(2.) This Petition takes exception to the order passed by respondent no.3 i.e. Superintendent, Central Prison, Aurangabad on 10th April, 2018 [Exhibit-E], and also the order passed by respondent no.2 i.e. the Divisional Commissioner, Aurangabad, on 10th May, 2018 [[Exhibit-D].

(3.) It is the case of the petitioner that, he was convicted by the District and Sessions Court at Aurangabad, for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code on 22nd August, 2014. At present, the petitioner is undergoing the sentence of life imprisonment in Central Prison at Aurangabad. Due to serious illness of his wife, he filed application for parole on 8th June, 2017. The said application was allowed, by order dated 2nd January, 2018. Thereafter, he was released on parole for 45 days, on 9th January, 2018. Meanwhile, the condition of his wife became serious. However, as per the Prison Rules, he applied for extension of parole on 18th January, 2018, i.e. within expiry of his parole period. After receipt of the said application, the Jail Authority called police report from the concerned Police Station. The Assistant Police Commissioner has filed police report, stating therein that, the illness of the petitioner is serious. Even the Police has recorded the statement of the Doctor about the illness of wife of the petitioner. The Doctor has specifically advised that, wife of the petitioner needs to undergo surgery, and because of her small clinic and unavailability of some required facilities, she advised to them to go to big Hospital. During parole period, there is no complaint against the petitioner. But the wife of the petitioner has not produced medical documents in respect of tests conducted by her. It is also stated in the said report that, the police has no objection for extension of parole.