1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO.17 OF 2011. UTTAM SUKHDEO POHARE VS. THE DIVISIONAL COMMISSIONER, AMRAVATI DIVISION AND OTHERS ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. By post. Shri A. S. Sonare APP for respondent State. CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 14th JANUARY 2011. 1. This is a letter writ petition. 2. The petitioner has been refused parole. 3. The ground on which the parole is sought is sickness of brother which fact is not disputed by the police. 4. The prayer for parole was opposed by the police on the ground that in the year 2002, the petitioner had over stayed furlough leave by 526 days and his remissions are forfeited for 2630 days. 5. The petitioner claims that he is being punished pluraly. 6. Larger question as to whether refusal of parole amounts to double jeopardy would be 2 considered properly in a fit case. 7. In the present case, we are satisfied that a person who has over stayed the furlough leave for long duration nearing 2 years has to satisfy the authority that such occasion will not recur and then only the authorities will be convinced about the genuineness. 8. On facts of the case, we are of the view that the petitioner should get an opportunity to meet his brother. We, therefore, direct that he be taken to meet his sick brother under police escort, within 15 days from the date of receipt of this order. He may be permitted to remain with the family for two days. 9. Petition disposed of. 10. Steno copy is allowed to learned APP for communicating the order to the Prisoner through Superintendent, Central Jail, Nagpur. Judge Judge |muley|