Shri Bhagawan Aatmaram Bhoir v. Superintendent, Thane Central Jail, Thane

Shri Bhagawan Aatmaram Bhoir Age - Adult, R/at. Tisgaon, Tal. Kalyan, Dist. Thane (at present lodged in Thane ] ] ] Central Jail, Thane) ] Petitioner Versus

1. Superintendent, Thane Central Jail, Thane. ] ]

2. State of Maharashtra ] Respondents Mr. Kuldeep S. Patil for the Petitioner Mr. Y.S. Shinde, APP for the State CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : 31st MARCH, 2011. ORAL JUDGMENT [Per P.V. HARDAS, J]:

Heard learned Counsel for the respective parties.

Rule. By consent, Rule made returnable forthwith and the petition is heard finally at the stage of admission.

By this petition under Article 226 of the Constitution of India, the petitioner, who is a convict undergoing imprisonment for 1 life seeks his release on parole on the ground of a marriage of his son scheduled to be performed on 6th May 2011.

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According to us, it would be appropriate if the petitioner applies to the Competent Authorities and seeks his release on parole by giving sufficient reasons for his parole. Learned counsel for the petitioner states that the petitioner would present an application in accordance with law within a week from today. The learned APP on instructions states that the application of the petitioner for his release on parole would be decided in accordance with law within three weeks of receipt of the application of the petitioner. We accept the aforesaid statement as an undertaking to the Court.

In that light of that matter, therefore, we allow this petition and permit the petitioner to file an application seeking his release on parole and accept the statement of the learned APP that the application of the petitioner, if submitted, would be decided in accordance with law within three weeks of its receipt.

Rule is thus made absolute on the above terms with no order as to costs. [ M.N. GILANI, J ] [ P.V. HARDAS, J ] 2

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