Babusha Karappa Jadhav vs The State Of Maharashtra
2016 Latest Caselaw 6821 Bom

     jdk                                                1                                              15.crwp.3851.16.j.doc




                                                                                                                      
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 3851 OF 2016




                                                                                              
    Babusha Karappa Jadhav                                                          ]
    B-38021, Nasik Road Central Prison                                              ].. 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
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : NOVEMBER 30, 2016

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

    1                   Heard both sides.





    2                   The petitioner preferred an application for parole on

24.9.2015. The said application came to be rejected by order

dated 13.1.2016. Being aggrieved thereby, the petitioner

preferred an appeal. The appeal came to be dismissed by

order dated 12.7.2016, hence, this petition.

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              jdk                                                2                                              15.crwp.3851.16.j.doc

            3                   The main ground for rejecting the application of the




                                                                                                                              

petitioner for parole is that on 7.4.2005 the petitioner was

released on parole, however, he did not report back to the

prison in time. Ultimately, he had to be traced and arrested by

the police and brought back to the prison. There was overstay

on the part of the petitioner of 9 years 6 months and 22 days.

The petitioner was brought by the police back to the prison on

10.10.2014. In view of this fact, it is apprehended that if the

petitioner is released on parole, he will not report back in time

and he will abscond. In view of the conduct of the petitioner, it

cannot be said that this apprehension is without any basis,

hence, we are not inclined to interfere. Petition is dismissed.

Rule is discharged.

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

kandarkar

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