Machindra Tukaram Koli v. State of Maharashtra

Smt.V.R. Raje i/b Mr. Abhaykumar Apte for the Petitioner Dr. F.R. Shaikh, APP for the Respondent CORAM : J.N. PATEL AND A.A. SAYED, JJ. DATE : 15TH DECEMBER, 2009. P.C. 1 2 Heard. The petitioner-prisoner sent a letter though jail addressed to the Hon'ble the Chief Justice in which he has sought parole leave on the ground of illness of his wife, for the reason that his application dated 13-7-2009 for grant of parole came to be rejected by order dated 11-9-2009 by the Divisional Commissioner, Nasik Division who is Competent Authority. The petitioner-prisoner has not placed on record any medical certificate in support of the illness of his wife. Further the application was made in July, 2009 which has been rejected on 11-9-2009 by the Divisional 2 Commissioner, Nasik Division on the ground of adverse police report. We fail to understand as to where is the question of adverse police report coming in the way of the prisoner as parole leave is required to be granted in case of certain emergent contingency specified in the rules. The respondent Competent Authority ought to have verified the claim of the petitioner-prisoner on which the petitioner-prisoner sought parole i.e. on the ground of illness of his wife. The affidavit in reply is filed by the Additional Commissioner shows that the application for parole has been rejected only on the ground that the police has sent adverse report opposing grant of parole. The Additional Commissioner has annexed a copy of the report received from the Commissioner of Police, Navi Mumbai, which reveals that the petitioner’s wife Savita Machindra Koli is taking treatment for appendix in Palvi Hospital and she has been advised to get operated. We therefore, dispose of this petition with a direction to the Superintendent, Nasik Road Central Prison, that in case the petitioner- prisoner informs the Superintendent of Prison in respect of the date on which his wife is going to be operated for appendix, the Superintendent of Nasik Road Central Prison, after verifying the same, can release the petitioner-prisoner on parole for a maximum period of 7 days for the purpose of attending his wife during operation on usual terms and conditions. Petition stands disposed of accordingly. 3 Copy of the order be forwarded to the prisoner through the Superintendent of Nasik Road Central prison. A.A. SAYED J. J.N. PATEL, J. 3