1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Writ Petition No.631 of 2010 Pradipkumar Shankarrao Yamgar, Army Convict No. 7619, Central Prison, Nagpur. .... Petitioner. Versus 1. The State of Maharashtra, through Secretary, Home Department, Mumbai. 2. The Superintendent, Central Prison, Nagpur. .... Respondents. ***** Petition is received by Post. Mr. D.B. Patel, Addl. Public Prosecutor for the respondents. ***** CORAM : A.H. JOSHI AND A.R. JOSHI,JJ. Date : 09th Dec., 2010. ORAL JUDGMENT [Per A.H. Joshi, J.]: 1. Rule. Rule is made returnable forthwith. Heard finally. 2. This is a Letter-Petition. 2 3. Petitioner claims that he be released on parole by this Court, as his application has been rejected by Divisional Commissioner based on adverse police report. 4. We had called for the papers. 5. By Order dated 5th August, 2010, petitioner s request for parole has been rejected. The grounds of rejection are as follows:- [a] According to police report, to look after the family, at the house of the prisoner, his father and wife are available. [b] As per the report received from police, if the prisoner is released, there is likelihood of breach of peace. 6. Statements of [1] Sau. Durgabai Dadaraoji Khode, and [2]Sau. Jagruti Shailesh Patel recorded by police do not disclose anything adverse. The adverse report by the police is, thus, based on imagination. 7. It is seen that petitioner was earlier released on parole and any untoward incident was not reported. 8. We are satisfied that the objection raised by the police as to breach of peace is without any foundation. 3 9. In this background this Court is satisfied that the petitioner ought to have been granted parole prayed for by him. 10. Hence the following order:- [a] The order passed by the Divisional Commissioner, Nagpur, dated 5th August, 2010 refusing the parole is set aside. [c] Petitioner is granted parole for thirty days on furnishing a Personal Bond and a Solvent Surety in a sum of Rs.1,000/- [rupees one thousand only], on the condition that he shall report back to jail after completion of parole, without fail. 11. Rule is made absolute accordingly. JUDGE JUDGE -0-0-0-0- |hedau| 4