Nitin Shantilal Modha vs The State Of Maharashtra
2016 Latest Caselaw 7642 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 4168 OF 2016




                                                                                              
    Nitin Shantilal Modha                                                           ]
    C/6395 Kolhapur Central Prison,                                                 ]
    Kolhapur.                                                                       ].. Petitioner




                                                                                             
                        Vs.

    The State of Maharashtra                                                        ].. Respondent




                                                                         
                                  ....        
    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                             23, 2016
       



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

    1                   Heard both sides.





    2                   The petitioner preferred an application for parole on

the ground of eye operation of his mother. The said application

was rejected on 12.7.2016, hence, this petition.

    3                   It is seen that against the order of rejection of parole,

    the petitioner has remedy of preferring an appeal.                                                                   The

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petitioner has not exhausted that remedy and he has directly

approached this Court. The Constitution Bench of the Supreme

Court in the case of Thansing Nathmal and Others Vs.

Superintendent of Taxes, Dubri reported in A.I.R. 1964 SC

1419, has observed that if alternate remedy is available, a writ

petition should not be entertained. In view of the fact that the

petitioner has an alternate remedy, we are not inclined to

interfere and the petitioner is relegated to the remedy of

preferring an appeal.

4 In view of the above, Rule is discharged. Petition is

disposed in above terms.

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

kandarkar

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