Gangster Arun Gawli
The Nagpur Bench of Bombay High Court on Monday allowed parole to notorious gangster Arun Gawli without police escort to attend the marriage of his younger son Yogesh.
The Division bench of Justice Vinay Joshi and Justice Vrushali Joshi partly allowed the writ petition filed by Gawli after hearing Deputy Inspector General (DIG) Prison and Superintendent of Central Jail Nagpur.
Gawali requested DIG Prisons for grant of emergency parole. The plea was opposed by Mumbai police stating that he was a gangster and possibility of law and order situation being created cannot be ruled out.
The application was ultimately allowed by DIG prison and granted parole of four days that too in police escort on submission of cash security of Rs five lakh and surety bond of relative of Rs five lakh. Gawli was also directed to pay the to and fro charges for travelling expenses including the expenses of police officers accompanying him.
It was contended that Gawli had been released on parole or furlough on 12 occasions and each time he had returned on due date and therefore there was no necessity of granting parole with police guards.
It was further contended that earlier High court had granted him parole for 15 days on account sons marriage and therefore this time granting parole for just four days without assigning reasons is illegal.
The Division Bench stated in the order that we have given our thoughtful consideration to the report of the concerned Assistant Commissioner of Police (ACP) along with the order impugned herein.
Though it has been mentioned in the report that a total 46 offences have been registered, however all the offences were prior to the incarceration. The reason of life threat has not weighed on the authority on earlier occasions. No special reasons have been quoted as to this time what are the compelling circumstances which have weighed to the authority in anticipating life threat to the petitioner. “Moreover, the impugned order is bereft of reasons as to why the Police Escort is essential. Concededly, on all earlier occasions, no such condition was imposed and therefore, we find no justification in imposing the condition of providing Police Escort which needs to be waived,” the Court said. The Court modified the condition of Rs five lakh cash security and Rs five solvent surety to Rs 10 lakh.
Adv Mir Nagman Ali along with Adv Shahrukh Shah appeared for Gawli.
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