-1- 7.Cri.WP.571.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO. 571 OF 2026 PETITIONER : Amol Mahadev Mandade (C-696), Aged about 42 Years, Occ. : NA, R/o. Plot No. 3670/89, Anapurna Society, Durga Navin Nagar, Pardi, Nagpur. (Currently lodged at Morshi Open Prison). //VERSUS// RESPONDENTS : 1. Assistant Director General of Police, and Inspector General Prison and Reform Services, Pune. 2. Deputy Inspector General of Prison, (East Region), Nagpur. 3. Superintendent of Jail, Morshi Open Prison, Morshi, Distt. Amravati. __________________________________________________________ Ms. Ratna Singh, Advocate for the Petitioner. Ms. N.R. Tripathi, APP for the Respondents/State. __________________________________________________________ CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATE : 13 th OCTOBER , 2026. ORAL JUDGMENT (PER : URMILA JOSHI-PHALKE, J.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties. 2026:BHC-NAG:13841-DB -2- 7.Cri.WP.571.2026.odt 2. The petitioner seeks quashing and setting aside of the impugned order dated 15.07.2026, whereby his request for release on parole for a period of 40 days was rejected. 3. Heard learned counsel for the petitioner, who submitted that the petitioner was convicted and sentenced to imprisonment for life on 05.05.2015. The petitioner’s mother, Mrs. Asha Mandade, is suffering from severe knee pain and was, therefore, taken to Indira Gandhi Government Medical College and Hospital, Nagpur, for treatment. Upon examination, she was diagnosed with advanced bilateral knee osteoarthritis and was advised to undergo total knee replacement surgery. Learned counsel submitted that the petitioner’s presence is required to attend to his mother during this period and, therefore, he applied for parole on the ground of his mother’s illness. 4. The learned APP strongly opposed the aforesaid submissions and contended that the ground stated by the petitioner in his application does not fall within the category of serious illness contemplated under the relevant Rules. It was, therefore, submitted that the authority had rightly rejected the petitioner’s application and that no interference by this Court is warranted. 5. Having heard both sides and upon perusal of the record, it reveals that the petitioner’s mother initially received treatment at Chaudhary Hospital, Nagpur, where surgery was also recommended. Indira Gandhi Government Medical College and Hospital, Nagpur, being a Government hospital, has also certified that she requires surgery. It is submitted that the petitioner is the only person available to take care of his mother. -3- 7.Cri.WP.571.2026.odt 6. The ground raised by the petitioner also falls within the ambit of Rule 13 of the Maharashtra (Bombay Furlough and Parole) Rules, 2024, which provides for the grant of regular parole to a prisoner to attend to the serious illness of his spouse or blood relatives, the birth of his child, the marriage of his children or siblings, or the aftermath of natural calamities such as floods, fire or earthquakes resulting in damage to his house and property. 7. Considering that the petitioner’s request is supported by medical certificates issued by both the Government hospital and the private hospital, we find no reason to disregard the medical evidence placed on record. As the petitioner’s request has been rejected without properly considering the medical certificates supporting his mother’s medical condition and the necessity of surgery, we are of the view that the impugned order warrants interference. Accordingly, the petition deserves to be allowed. Hence, we pass the following order: ORDER (i) The criminal writ petition is allowed. (ii) The impugned order dated 15.07.2026 is hereby quashed and set aside. (iii) The petitioner shall be released on parole for a period of 40 days to enable him to attend to his ailing mother. (iv) Upon completion of the period of 40 days, the petitioner shall surrender before the Superintendent of Morshi Open Prison, District Amravati. -4- 7.Cri.WP.571.2026.odt (v) During the period of parole, the petitioner shall mark his attendance at Pardi Police Station once every week, on Wednesday, between 10:00 a.m. and 1:00 p.m., until he surrenders upon completion of the parole period. (vi) The petitioner shall not leave the territorial jurisdiction of Nagpur without prior permission of this Court. (vii) Rule is made absolute in the above terms. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 14/10/2026 21:30:08