jdk 1 2.crwp.3231.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3231 OF 2016
Wilson Benjamin Castellino ]
Prisoner No. 2179, ]
Kolhapur Central Prison, Kolhapur ].. Petitioner
Vs.
The State of Maharashtra ]..Respondent
....
Mr. Prosper D'Souza Advocate appointed for the Petitioner
Mr. H.J. Dedia A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
MRS. MRIDULA BHATKAR, JJ.
DATED : OCTOBER 21, 2016 ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard.
2 The petitioner preferred an application for parole on
30.12.2014 on account of his nasal problem. The said
application came to be rejected by order dated 30.3.2015.
Being aggrieved thereby, the petitioner preferred an appeal.
The said appeal came to be dismissed by order dated 28.10.2015. Hence, the petitioner has preferred the present petition wherein he has prayed for parole or for bail or 1 of 4 ::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:28:59 ::: jdk 2 2.crwp.3231.16.j.doc temporary bail so that he can treat his nasal problem.
3 As far as the prayer for bail is concerned, the petitioner was convicted under Sections 302, 392 and 450 of IPC by judgment and order dated 17.11.2013 by the learned Sessions Judge, Kalyan in Sessions Case No. 79 of 1993. Being aggrieved thereby, the petitioner preferred an appeal before this Court being Criminal Appeal No. 757 of 2003. The said appeal was dismissed by this Court on 12.6.2007. Thus, as far as the prayer for bail is concerned, this Court has become functus officio and it would not be possible to consider the prayer for bail or even temporary bail.
4 The other prayer of the petitioner is that he be released on parole so that he can treat his nasal problem. The medical problem of the petitioner is that he had a fracture of the nose and there is an extra growth of flesh in his right nasal cavity which is causing him serious problem in breathing.
5 In view of the request made by the petitioner, he was heard on video conferencing today. He has stated that he had 2 of 4 ::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:28:59 ::: jdk 3 2.crwp.3231.16.j.doc a fracture of his nose and extra growth of flesh in his right nostril which is causing him severe problem in breathing. We heard the petitioner at length as well as the learned counsel appointed for the petitioner, learned A.P.P. for the State and the Doctor attached to Kolhapur Central Prison, Kalamba, Kolhapur where the petitioner is lodged at present.
6 As far as the prayer for parole is concerned, the application of the petitioner for parole came to be rejected mainly on the ground that on 19.11.2010 the petitioner was released on furlough for a period of 14 days. He had to surrender on 4.12.2010. However, the petitioner did not report back in time and ultimately, he had to be traced, arrested by the police and brought back to the prison. He was brought to the prison on 8.10.2012. Thus, there was overstay of 674 days. On account of this, it was apprehended by the authorities that if the petitioner is released from prison, he will not report back to the prison in time and he may abscond.
Looking to the past conduct of the petitioner, it cannot be said that this apprehension is unfounded, hence, we are not inclined to release the petitioner on parole. In any case, the prisoner 3 of 4 ::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:28:59 ::: jdk 4 2.crwp.3231.16.j.doc cannot be released on parole on his own medical ground.
7 However, the Jail doctor Dr. Sanjay Padhye who is attached to Kolhapur Central Prison, Kolhapur stated that the petitioner indeed has a nasal problem and he can be referred to hospital for nasal reconstruction surgery. In this view of the matter, the petitioner to be sent to C.P.R. Hospital, Kolhapur to conduct the surgery if found necessary. In case, the said facility is not available in C.P.R. Hospital, Kolhapur, medical problem of the petitioner to be treated in any other hospital where the said medical treatment is available. Needless to state that all necessary medical treatment be provided to the petitioner including surgery.
8 With the above observation, writ petition is dismissed.
Rule is discharged.
9 Office to communicate this order to the petitioner who is in Kolhapur Central Prison, Kalamba, Kolhapur.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ] kandarkar 4 of 4 ::: Uploaded on - 24/10/2016 ::: Downloaded on - 26/10/2016 00:28:59 :::