Case Note & Summary
The petitioner, Hariom Vijay Pandey, a convict lodged in Nashik Road Central Prison, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) seeking extension of parole by two days. The petitioner had been granted parole but his wife fell ill and required medical attention, necessitating an extension. The court, after hearing the counsel for the petitioner and the learned APP for the respondents, disposed of the petition with a direction to the respondents to consider the petitioner's application for extension of parole on humanitarian grounds. The court emphasized that the authorities should pass appropriate orders sympathetically, taking into account the medical emergency of the petitioner's wife. The petition was disposed of accordingly.
Headnote
A) Prison Law - Parole Extension - Humanitarian Grounds - Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 - The petitioner, a convict, sought extension of parole by two days due to his wife's medical emergency - The court held that the prison authorities must consider the request for extension on humanitarian grounds and pass appropriate orders - The petition was disposed of with a direction to the respondents to consider the petitioner's application for extension of parole sympathetically (Paras 1-5).
Issue of Consideration
Whether the petitioner, a convict, is entitled to extension of parole for two days on the ground of his wife's medical emergency?
Final Decision
The petition is disposed of with a direction to the respondents to consider the petitioner's application for extension of parole on humanitarian grounds and pass appropriate orders sympathetically.
Law Points
- Parole extension
- Humanitarian grounds
- Medical emergency
- Prison Rules
- Discretion of authorities
Case Details
2017 LawText (BOM) (10) 3
Criminal Writ Petition No.1237 of 2017
S.S. Shinde, Mangesh S. Patil
Ms. Harshita M. Manglani (for Petitioner), Mrs. V.N. Patil-Jadhav (A.P.P. for Respondents)
The Superintendent, Nashik Road Central Prison, Nashik; The Divisional Commissioner, Nashik Division, Nashik; The Sr. Jailor, Parole & Furlough Dept. Incharge, Nashik Road Central Prison, Nashik
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Nature of Litigation
Criminal Writ Petition seeking extension of parole
Remedy Sought
Extension of parole by two days on humanitarian grounds due to wife's medical emergency
Filing Reason
Petitioner's wife fell ill and required medical attention, necessitating extension of parole
Issues
Whether the petitioner is entitled to extension of parole for two days on humanitarian grounds due to his wife's medical emergency?
Submissions/Arguments
Petitioner's counsel argued that the petitioner's wife is ill and requires medical attention, and therefore extension of parole by two days be granted.
Respondents' counsel (APP) opposed the petition.
Ratio Decidendi
The court held that the prison authorities must consider the request for extension of parole on humanitarian grounds, especially when there is a medical emergency involving the convict's family member, and pass appropriate orders sympathetically.
Judgment Excerpts
The petition is disposed of with a direction to the respondents to consider the petitioner's application for extension of parole on humanitarian grounds and pass appropriate orders sympathetically.
Procedural History
The petitioner filed Criminal Writ Petition No.1237 of 2017 before the Bombay High Court (Aurangabad Bench) seeking extension of parole. The court heard the matter and disposed it on 13th October 2017.
Acts & Sections
- Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959:
