Digambar Rangrao Girigosavi vs The State Of Maharashtra
2016 Latest Caselaw 6822 Bom

     jdk                                                 1                                              12.crwp.3855.16.j.doc




                                                                                                                      
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION




                                                                                              
                       CRIMINAL WRIT PETITION NO. 3855 OF 2016

    Digambar Rangrao Girigosavi                                                     ]
    C-5645, Kolhapur Central Prison,                                                ]




                                                                                             
    Kalamba Kolhapur                                                                ].. 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.





    2                   By order dated 12.8.2015 the petitioner was granted

parole for a period of thirty days on the ground of illness of his

wife. Pursuant to the said order, he was released on parole on

10.9.2015 for a period of 30 days. On 21.9.2015 the petitioner

applied for extension of parole on the ground of illness of his

wife. The said extension was granted and the petitioner had to

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surrender on 11.11.2015. Thereafter the petitioner made

application for second extension of parole which was rejected

on 8.11.2016. The petitioner had to surrender on 11.11.2015,

however, the petitioner surrendered on 15.12.2015 i.e. after

the period of 35 days. On account of this, remission was cut in

the ratio of four days for each day of overstay. Thus, the

prayer of the petitioner is that his parole be extended by a

period of 30 days i.e. from 11.11.2015 to 11.12.2015 and the

prison punishment of cutting of remission, be set aside.

3 It is seen that the petitioner has relied on medical

certificate dated 6.12.2015 to show that he himself was

admitted in hospital with complaint of chest pain and ECG

changes. He was admitted in hospital on 5.12.2015. However,

it is seen that the petitioner had to surrender on 11.11.2015

and from 11.11.2015 to 5.12.2015, no explanation has been

given by the petitioner. In this view of the matter, we are not

inclined to grant extension of parole, however, looking to the

medical certificate and the other facts and circumstances of

this case, we reduce the prison punishment of cutting of

remission from 4 days for each day of overtsay to cutting of

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remission to two days for each day of overstay. Petition is

partly allowed. Rule is made absolute accordingly in above

terms.

4 Office to communicate this order to the petitioner

who is in Kolhapur Central Prison, Kalamba, Kolhapur.

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

kandarkar

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