jdk 1 21.crwp.1898.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRI. APPELLATE JURISDICTION
CRI.W.P. NO. 1898 OF 2017
Pritam Thakaram Lalgude ]
Age adult, Occ: Convict No. ]
C-17050 confined in ]
Yerawada Central Prison, Pune-6 ].. Petitioner
Vs.
The State of Maharashtra ]
Through Home Secretary ]
Home Deptt. ]
Govt. of Maharashtra, Mantralaya ]
Mumbai-32. ].. Respondent
....
Ms. Rohini Dandekar Advocate appointed for the petitioner
Mrs.G.P.Mulekar A.P.P. for Respondent-State
....
CORAM : SMT.V.K.TAHILRAMANI AND
SANDEEP K.SHINDE, JJ.
DATED : JUNE 15, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]:
1 Heard the learned counsel for the petitioner and the
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learned A.P.P. for the State.
2 The petitioner had preferred an application for parole
on the ground of illness of his wife. The said application was granted by order dated 7.6.2016 and the petitioner was released on parole on 13.6.2016 for a period of 30 days. Thereafter, the petitioner preferred an application for extension of parole on 28.6.2016 for a further period of 30 days. The said application was rejected, hence, this petition. 3 It is an admitted fact that after the said period of 30 days was over, the petitioner returned back to the prison on his own. Two reasons have been given for rejecting the application for the petitioner for extension of parole. The first reason is that if the parole period is extended, there would be danger to the life of the complainant and there is possibility of law and order problem. As far as this contention is concerned, it is seen that the authorities considered all factors while granting parole for a period of 30 days and thereafter the parole was granted. It is informed that during this period, the petitioner has not indulged in any criminal activities or any activities 2 of 4 ::: Uploaded on - 16/06/2017 ::: Downloaded on - 17/06/2017 00:58:12 ::: jdk 3 21.crwp.1898.17.j.doc which would cause law and order problem. Thus, we find that there is no material to support the first ground of rejection on which the application for extension of parole was rejected. 4 The second ground on which the application for extension of parole was rejected is that the medical reports are not sufficient to support the case of the petitioner for extension of parole. We have perused the medical certificates. The first medical certificate is issued by the Rural Hospital, Chakan, Taluka Khed, Dist. Pune. The other certificate is from a private hospital. Both these certificates show that the wife of the petitioner is suffering from "P.V. Bleeding with prolapsed uterus" and it is necessary for her to undergo surgery. Thus, we do not find any merit in the second ground of rejection. 5 Looking to the facts of this case especially medical certificates and the conduct of the petitioner in jail which is stated to be good by the jail authorities, we are inclined to extend the period of parole for a further period of 30 days. The parole period is extended upto 12.8.2016. Prison punishment imposed if any, for over stay, is set aside.
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6 Rule is made absolute in above terms. Petition is
disposed of.
7 Office to communicate this order to the petitioner who
is in Kolhapur Central Prison.
[ SANDEEP K. SHINDE, J.] [ SMT.V.K.TAHILRAMANI, J. ]
kandarkar
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