jdk 1 1a.crwp.3539.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3539 OF 2016
(CONVERTED FROM APPLICATION NO.1232 OF 2016
IN CRIMINAL APPEAL NO. 862 OF 2014)
Bhagwan Sakharam Bhangare ]
Age 40 years, ]
residing at Mokam Post Madsanghvi, ]
District Nashik ]
Presently lodged at Nashik Road ]
Central Prison, Convict No. 8985 ]..Petitioner
Vs.
1. The State of Maharashtra ]
]
2. The Superintendent of Prison, ]
Nashik Road Central Prison, ]
]
3. The Senior Inspector of Police, ]
Aadgaon Police Station, Nashik ].. Respondents
....
Ms. Farana Shah Advocate appointed for Petitioner
Mr. H.J. Dedia A.P..P for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
MRS. MRIDULA BHATKAR, JJ.
DATED : OCTOBER 05, 2016 ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides. Rule. Rule is made returnable forthwith. By consent, matter is taken up for final hearing.
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jdk 2 1a.crwp.3539.16.j.doc
2 The petitioner is serving out sentence in Nashik Road
Central Prison, Nashik. The son of the petitioner expired on
20.9.2016. The petitioner applied for death parole to the Superintendent of Nashik Road Central Prison, Nashik, however, by order dated 21.9.2016, the said application came to be rejected. In the said order, it was informed that against this order of rejection, the petitioner may approach the Divisional Commissioner, Nashik. However, the petitioner has not approached the Divisional Commissioner, Nashik and he has directly approached this Court. Hence, it would be appropriate that the petitioner prefers an application to the Divisional Commissioner, Nashik. If such an application is preferred, the same be decided within a period of one week from receipt thereof by the Divisional Commissioner, Nashik.
Thus, we are not inclined to grant parole to the petitioner.
3 Writ petition is disposed of in above terms. Rule is discharged.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ] kandarkar 2 of 2 ::: Uploaded on - 05/10/2016 ::: Downloaded on - 06/10/2016 00:58:07 :::