Naushad Baddrudin Shaikh vs The State Of Maharashtra
2016 Latest Caselaw 7088 Bom

                                                                                 4b. cri wp 4120-16.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION




                                                                                                
                          CRIMINAL WRIT PETITION NO. 4120 OF 2016




                                                                        
            Naushad Baddrudin Shaikh                                     .. Petitioner

                                 Versus




                                                                       
            The State of Maharashtra                                     .. Respondent

                                                  ...................
            Appearances




                                                            
            Mrs.Nasreen S.K. Ayubi Advocate (appointed) for the Petitioner
            Mr. Arfan Sait         APP for the State 
                                              
                                     ...................
                                             
                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              A.M. BADAR, JJ.

DATE : DECEMBER 8, 2016.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Heard both sides.

2. Rule. By consent, Rule is made returnable forthwith.

3. The petitioner preferred an application for parole dated

20.6.2015 on the ground of his mother's illness. The said

application was rejected by order dated 14.1.2016. Being

aggrieved thereby, the petitioner preferred an appeal. The

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appeal came to be dismissed by order dated 31.8.2016,

hence, this petition.

4. The appeal came to be dismissed on the ground that

though it is stated in the medical certificate that the mother

of the petitioner requires an operation, however, no papers

relating to the test or treatment have been produced.

Moreover, the date of the operation is not fixed. In addition,

the learned APP pointed out that the medical certificate

which is relied upon by the petitioner shows that the mother

of the petitioner is suffering from abdominal pain with fever

and vomiting. Learned APP further pointed out that the

medical certificate does not show that it is a case of

appendicitis but it shows that it is a case of suspected

appendicitis. Thus, if it is a case of suspected appendicitis,

the doctor would definitely have asked for sonography report

etc before he comes to the conclusion that it is a case of

appendicitis and only after the doctor came to the conclusion

that it is a case of appendicitis, then he could advise an

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operation. Learned APP further pointed out that there are

four cases pending against the petitioner.

5. Looking to the fact that it is a case only of suspected

appendicitis and looking to the fact that the father of the

petitioner who is 62 years of age is very much available in

the house to take care of the mother of the petitioner, we

are not inclined to grant prayer of the petitioner. No

interference is called for. Rule is discharged.

6. The order be communicated to the petitioner who is in

Kolhapur Central Prison, Kalamba.

    [ A.M. BADAR, J. ]                    [ SMT. V.K. TAHILRAMANI, J. ]





    jfoanz vkacsjdj                                                             3 of 3