Case Note & Summary
The petitioner, Mahendra Digambarrao Deshmukh, a life convict lodged in Open Prison, Paithan, was granted parole by the Divisional Commissioner, Aurangabad on 19th December 2011 for one month, with surrender due by 18th January 2012. On 22nd December 2011, he applied for extension of parole for another month, citing his daughter's need for immediate medical attention. The application was sent to the Divisional Commissioner's office by fax and post. The police report was forwarded on 4th February 2012 and reached the Divisional Commissioner, Aurangabad on 17th February 2012. The petitioner filed a Criminal Writ Petition seeking extension of parole and protection from arrest. The court considered the delay in police report and the humanitarian ground of medical emergency. It held that the overstay was not willful and granted extension of parole for one month from the date of surrender. The petitioner was directed to surrender within one week, and no coercive action was to be taken against him.
Headnote
A) Parole - Extension - Medical Emergency - Life convict granted parole for one month applied for extension due to daughter's medical emergency - Application forwarded to Divisional Commissioner but police report delayed - Court held that the petitioner's overstay was not willful but due to circumstances beyond his control - Extension granted for one month from date of surrender - Petitioner directed to surrender within one week - No coercive action to be taken against him (Paras 1-6).
Issue of Consideration
Whether the petitioner, a life convict who overstayed parole due to his daughter's medical emergency, should be granted extension of parole and protected from arrest.
Final Decision
The court allowed the petition. The petitioner was granted extension of parole for a period of one month from the date of his surrender. He was directed to surrender before the Superintendent of Open Prison, Paithan within one week from the date of the order. No coercive action was to be taken against him for the period of overstay.
Law Points
- Parole extension
- medical emergency
- life convict
- open prison
- delay in police report
- humanitarian grounds
Case Details
2012 LawText (BOM) (02) 33
Criminal Writ Petition No.52 of 2012
Naresh H Patil, T.V. Nalawade
Smt. Priyanka U. Sawaji (for petitioner), Shri S.D. Kaldate (Additional Public Prosecutor for respondents)
Mahendra Digambarrao Deshmukh
State of Maharashtra, The Divisional Commissioner, The Superintendent of Prison, Superintendent of Police Amravati (Gramin), Shri Rao Saheb Local Crime Branch
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Nature of Litigation
Criminal Writ Petition seeking extension of parole and protection from arrest.
Remedy Sought
Petitioner sought extension of parole for one month and direction to respondents not to take coercive action against him.
Filing Reason
Petitioner overstayed parole due to his daughter's medical emergency and police report was delayed.
Previous Decisions
Divisional Commissioner granted parole on 19th December 2011 for one month; application for extension filed on 22nd December 2011 was pending.
Issues
Whether the petitioner's overstay on parole was willful or due to circumstances beyond his control.
Whether the petitioner is entitled to extension of parole on humanitarian grounds.
Submissions/Arguments
Petitioner submitted that his daughter required immediate medical attention, hence he applied for extension of parole on 22nd December 2011.
Petitioner argued that the police report was delayed and reached the Divisional Commissioner only on 17th February 2012.
Respondents did not oppose the petition on merits.
Ratio Decidendi
The overstay on parole was not willful but due to the petitioner's daughter's medical emergency and delay in police report. On humanitarian grounds, extension of parole was granted.
Judgment Excerpts
The petitioner is a life convict presently lodged in Open Prison, Paithan.
The petitioner found that, his daughter required immediate medical attention he applied for extension of parole for a period of further one month on 22nd December 2011.
The police forwarded the report to the office of the Divisional Commissioner Amravati on 4th February 2012 which reached the office of the Divisional Commissioner Aurangabad on 17th February 2012.
We are satisfied that the overstay of the petitioner on parole was not willful but due to circumstances beyond his control.
We direct that the petitioner be released on parole for a period of one month from the date of his surrender.
Procedural History
Petitioner was granted parole on 19th December 2011 for one month. He applied for extension on 22nd December 2011. The application was forwarded to police for report, which was delayed. Petitioner filed Criminal Writ Petition No.52 of 2012 before the Bombay High Court, Aurangabad Bench. The court heard the matter on 28th February 2012 and allowed the petition.
