Hari Om Vijay Pande @ Pandit vs The State Of Maharashtra
2016 Latest Caselaw 6819 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                      
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 3879 OF 2016




                                                                                              
    Hari Om Vijay Pande @ Pandit                                                    ]
    C-8617, Nasik Road Central Prison                                               ].. Petitioner

                        Vs.




                                                                                             
    The State of Maharashtra                                                        ]..Respondent


                                   ....




                                                                         
    Ms. Rohini Dandekar Advocate appointed for Petitioner
    Mr. Arfan Sait A.P.P. for the State       
                                   ....

                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                             
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : NOVEMBER 30, 2016

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

1 Heard both sides. Rule. Rule is made returnable

forthwith. By consent, matter is taken up for final hearing.

2 The petitioner preferred an application for parole on

26.8.2015 on the ground of medical problem of his mother.

The said application came to be rejected by order dated

22.3.2016. Being aggrieved thereby, the petitioner preferred

an appeal. The appeal came to be dismissed by order dated

26.7.2016, hence, this petition.

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            3                   The main ground for rejecting the application of the




                                                                                                                              

petitioner for parole was that the certificate relied on by the

petitioner was dated 19.7.2015. The application of the

petitioner for parole is dated 26.8.2015, hence, naturally, the

certificate would be just prior to his application. Thus, we find

no merit in this ground. In any event, it is seen that Chief

Medical Officer, Nasik Road Central Prison, Nasik has verified

the certificate and it states that she is suffering from fracture of

right head of femmer and she is referred to Ortho-Surgeon.

The jail record of the petitioner also shows that on 6.1.2015 he

was released on furlough and he reported back to the prison on

due date on his own. Looking to this fact, we are inclined to

grant parole to the petitioner. The petitioner be released on

parole for a period of thirty days on complying with the usual

terms and conditions as set out by the competent authority.

Petition is disposed of. Rule is made absolute in above terms.

4 Office to communicate this order to the petitioner

who is in Nasik Road Central Prison, Nasik.

[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

kandarkar

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