17. WP 897-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 897 OF 2011 Chetan Popatlal Bhalgat. ] Age : 34 Yrs., R/o. Sai Colony, Phulari Mala, ] Savedi Road, Dist. Ahmadnagar, ] Prisoner No. C/15834. ] (At present in Yerawada Central Prison, Pune) ] Petitioner Versus 1. The State of Maharashtra ] (Through Yerawada Central Prison, Pune. ] 2. The Divisional Commissioner, Pune. ] Division Pune. ] Respondents Ms. Indrayani Koparkar for the Petitioner Mr. J.P. Yagnik, APP for the State CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : 21st APRIL, 2011 ORAL JUDGMENT [Per P.V. HARDAS, J]: 1. Heard learned Counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is heard finally at the stage of admission. 1 17. WP 897-11.doc 3. By this petition under Article 226 of the Constitution of India, the petitioner takes exception to the order dated 14th February 2011, issued by the Divisional Commissioner, Pune Division, Pune rejecting his application for his release on parole on the ground that release of the petitioner was likely to cause danger to the complainant who also resides in the same village where the applicant proposes to reside on his release on parole. 4. It is true that in the Police Report, the Police had expressed apprehension that the applicant, if released was likely to threaten or cause harm to the complainant. It is equally true that the applicant had not been released on parole earlier. Apart from, mere ipse dixit of the police that the applicant was likely to cause harm to the complainant, there is no other material on record which would justify such apprehension being expressed by the police. However, in order to ensure that no harm is caused to the complainant, according to us, a condition that the petitioner to report to Tophakhana Police Station once in a day during the period he is released on parole, would survive the purpose. 5. We therefore accordingly allow this petition and quash and set aside the impugned order and direct the Authorities to release the petitioner on furlough for such terms and on such conditions which the Authorities consider fit and proper. The 2 17. WP 897-11.doc Authorities may impose an additional condition directing the petitioner to report to Tophakhana Police Station once in a day between 10.00 a.m. to 12.00 noon during the period the applicant is released on parole. 6. Rule is thus made absolute on the above terms with no order as to costs. 7. Learned APP undertakes to communicate this order to the respondents. 8. Copy of this order duly authenticated be provided to the parties to act upon. [ M.N. GILANI, J ] [ P.V. HARDAS, J ] 3 17. WP 897-11.doc 4