3. cri wp 978-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 978 OF 2017
Atul Ashok Deshmukh .. Petitioner
Versus
Principal Secretary, Home Department,
Government of Maharashtra & Ors. .. Respondents
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Appearances
Ms. Sakshi Chogle Advocate for the Petitioner
Mr. H.J. Dedia APP for the State
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CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 4, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. Rule. By consent of the parties, rule is made returnable forthwith and the matter is heard finally.
3. The petitioner preferred an application for parole on 25.3.2016 on the ground of illness of his mother. The said jfoanz vkacsjdj 1 of 3 ::: Uploaded on - 05/04/2017 ::: Downloaded on - 06/04/2017 01:04:37 :::
3. cri wp 978-17.doc application was rejected by order dated 23.9.2016. Being aggrieved thereby, the petitioner preferred an appeal. The said appeal was dismissed by order dated 13.2.2017. Hence, this petition.
4. The order dated 13.2.2017 shows that no papers relating to the treatment taken by the mother of the petitioner or any medical reports relating to medical tests undergone by the mother of the petitioner were submitted, hence, it was not possible to know the current position of the illness of the mother of the petitioner. This was the main reason for dismissing the appeal.
5. Learned counsel for the petitioner states that due to oversight, medical papers could not be submitted to the competent authority.
6. Looking to the reasons stated in the order dated 13.2.2017, we cannot find fault with the authorities in jfoanz vkacsjdj 2 of 3 ::: Uploaded on - 05/04/2017 ::: Downloaded on - 06/04/2017 01:04:37 :::
3. cri wp 978-17.doc rejecting the application of the petitioner for parole. However, the petitioner is given an opportunity to prefer a fresh application for parole annexing thereto fresh medical certificate, the papers relating to the medical tests undergone by the mother of the petitioner and / or papers relating to treatment if any undergone by the mother of the petitioner. The Competent Authority to decide the same as expeditiously as possible.
7. Rule is disposed of in the above terms.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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