Ananda Laxman Chopde vs The State Of Maharashtra
2016 Latest Caselaw 7204 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION




                                                                                              
                      CRIMINAL WRIT PETITION NO. 4200 OF 2016

    Ananda Laxman Chopade                                                           ]
    C/1122, Age 44 years,                                                           ]




                                                                                             
    Occ: Convict, presently lodged at                                               ]
    Kolhapur Central Prison, Kalamba                                                ].. Petitioner

                        Vs.




                                                                         
    The State of Maharashtra             ]
    At the instance of :                 ]    
    1) Through                           ]
        Superintendent, Kolhapur Central ]
        Prison, Kalamba, Kolhapur-416007 ]
                                             
                                         ]
    2) Chief Secretary,                  ]
       Prison, Home Department,          ]
       Mantralaya Mumbai                 ]
                                         ]
         


    3) Divisional Commissioner,          ]
      



       Pune Division, Council Hall,      ]
       Pune                              ]
                                         ]
    4) Superintendent of Police (Rural)  ]
       Satara at Satara                  ]





                                         ]
    5) Sub-Divisional Officer of         ]
       Sub-Division, Karad at Karad,     ]
       Dist. Satara                      ]
                                         ]





    6) Police Inspector,                 ]
       Patan Police Station, Patan       ]
       Dist. Satara                      ].. Respondents




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                                  ....




                                                                                                                      
    Mr. Prosper D'Souza Advocate appointed for Petitioner
    Mr. H.J.Dedia A.P.P. for the State
                                  ....




                                                                                              
                                            CORAM : SMT.V.K.TAHILRAMANI AND




                                                                                             
                                                    A.M.BADAR, JJ.

DATED : DECEMBER 14, 2016

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

    1                   Heard both sides.
                                               ig                   Rule.           Rule is made returnable

forthwith. By consent, matter is finally heard.

2 The petitioner preferred an application for parole on

6.10.2015. The application came to be rejected by order dated

16.12.2015. Being aggrieved thereby, the petitioner preferred

an appeal. The appeal was dismissed by order dated

31.8.2016, hence, this petition.

3 The petitioner had sought parole on the ground of

illness of his mother. The said application came to be rejected

as in the year 2002 when the petitioner was released on

parole, he did not report back in time and he absconded.

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Thereafter he was traced and arrested by the police and

brought back to the prison. He was brought back to the prison

on 21.1.2015 i.e. after a period of overstay of 4567 days. The

second ground on which the application of the petitioner for

parole was rejected was that the brother of the petitioner was

very much available to take care of the mother of the

petitioner. Looking to the fact that the petitioner was

absconding for almost more than 12 years, we are not inclined

to consider the prayer of the petitioner.

ig Hence, Rule is

discharged. Petition is dismissed.

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

kandarkar

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