1. CRI WP 3323-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3323 OF 2017
Santosh Mohan Rajput .. Petitioner
Versus
The State of Maharashtra .. Respondent
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Appearances
Ms. Rohini M. Dandekar Advocate (appointed) 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 preferred an application for parole on the ground of illness of his wife. The said application was rejected by order dated 31.1.2017. The said order of rejection shows that on earlier occasion, when the petitioner was released on furlough, he did not report back to the prison in time and he was arrested by the police and brought jfoanz vkacsjdj 1 of 2 ::: Uploaded on - 08/12/2017 ::: Downloaded on - 10/12/2017 01:20:01 :::
1. CRI WP 3323-17.doc back to the prison. As there was overstay of 663 days on the part of the petitioner, it was apprehended that if he was released on parole, he will not report back to the prison. Hence, the application for parole came to be rejected. As far as the present petition is concerned, no medical certificate has been annexed to the present petition to substantiate the claim of the petitioner that the illness of his wife is serious enough to release the petitioner on parole. In this view of the matter, we are not inclined to grant parole to the petitioner. Rule is discharged. However, if the petitioner prefers a fresh application for parole or furlough, it should be decided on its own merits.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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