7. cri wp 4654-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4654 OF 2017
Ashwini Vishwanath Hagawane .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
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Appearances
Mrs. Harjeet Kaur Bhagwant Singh Advocate for the Petitioner
Mrs. G.P. Mulekar APP for the State
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CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. KARNIK, J.
DATE : DECEMBER 5, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner who is the wife of the prisoner preferred an application for parole on the ground of illness. The said application was rejected by order dated 16.5.2017. Being aggrieved thereby, the petitioner has preferred the present petition.
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7. cri wp 4654-17.doc
3. If an application for parole is rejected, a remedy of appeal is provided. It is seen that the petitioner has not preferred an appeal and has directly preferred this writ petition. The Constitution Bench of the Supreme Court in Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and others, reported in A.I.R. 1964 SC 1419, has held that "when an alternate remedy is available, a writ petition should not be entertained". In this view of the matter, we are not inclined to interfere and the petitioner is relegated to the remedy available to him of appeal. If any appeal is preferred by the petitioner against the order of rejection, the said appeal to be disposed of as expeditiously as possible and preferably within a period of four weeks from the date of filing of such appeal.
4. In view of above facts, we are not inclined to interfere, hence, Rule is discharged.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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