1603cwp173.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO.173 of 2011. Sau. Kiran Antariksha Uike ..vs.. The Divisional Commissioner, Nagpur Division, Nagpur and anr. ------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------- Ms. T.H.Udeshi, Adv. for the applicant. Mrs. Ketki Joshi, APP for the respondents. CORAM : V.K.TAHILRAMANI AND PRASANNA B.VARALE, JJ. DATED : 16TH MARCH, 2011. 1. Heard the learned counsel for the petitioner and the learned APP for the State. 2. The petitioner – convict Smt.Kiran has preferred this petition through jail. 3. The case of the petitioner is that she was granted parole on the ground of maternity leave. However, she has overstayed the parole period by 146 days. Hence, the prison authorities issued a show cause notice to her dated 16/09/2010 to show cause as to why she should not be removed from remission system for five years. It is an admitted fact that the petitioner was granted parole on the ground that she was expecting a child. It is also an admitted fact that thereafter the petitioner has indeed delivered a female 1603cwp173.11.odt 2/3 child. It is on account of the fact that she had recently delivered a child that the petitioner could not surrender in time to jail. Hence, she was late by 146 days in surrendering back to prison. It is also to be noted that the petitioner surrendered to prison on her own and it is not the case of the prosecution that she was arrested by the police authority and brought back to the prison. Looking to the reasons on account of which the petitioner has overstayed the period of parole, we find that the proposed punishment as mentioned in the show cause notice is inordinately excessive, as in regular cases of overstay the maximum punishment which can be awarded is cut of 5 days remission for every day of overstay, hence the show cause notice is quashed. In view of the peculiar facts of this case, we are also of the opinion that no prison punishment be imposed on the petitioner in this case. 4. Looking to the fact that the female child is just a few months old and the second daughter of the petitioner is about three years' old, we are inclined to grant the prayer of the petitioner for temporary bail. Hence, the following order. The petitioner be released on bail in the sum of Rs.5000/- with one or two sureties to make up the said amount. During the period that she is on bail, she will report once in a fortnight to the nearest police station to the address supplied to the concerned authorities. Before the applicant is released on bail, the concerned Police station and jail authorities shall be informed the address at which the petitioner will reside during the period that she is on bail. It is made clear that the temporary bail is being granted only for a 1603cwp173.11.odt 3/3 period of six months. The petition is disposed of in above terms. JUDGE JUDGE chute