Anwar Abdul Aziz Pathan vs The State Of Maharashtra
2016 Latest Caselaw 6823 Bom

     jdk                                                 1                                              13.crwp.3860.16.j.doc




                                                                                                                      
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION




                                                                                              
                       CRIMINAL WRIT PETITION NO. 3860 OF 2016


    Anwar Abdul Ajij Pathan                                                         ]




                                                                                             
    C-582, Yerawada Open Prison,                                                    ]
    Pune                                                                            ].. Petitioner

                        Vs.




                                                                         
    The State of Maharashtra                                                        ]..Respondent


                                  ....
                                              
    Mrs. Nasreen S.K. Ayubi 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                   The petitioner preferred an application for parole on

the ground of illness of his mother. The application came to be

rejected by order dated 15.1.2016. Being aggrieved thereby,

the petitioner preferred an appeal. The appeal was dismissed

1 of 3

jdk 2 13.crwp.3860.16.j.doc

on 3.9.2016, hence, this petition.

3 The application of the petitioner for parole came to be

rejected on two grounds i.e. police report is adverse and it

states that there is danger to the life of the witnesses and

there is apprehension that petitioner may abscond. We have

perused the record relating to the petitioner in the jail. The

record shows that the petitioner was released on furlough from

5.9.2015 to 2.10.2015 and he surrendered back to the prison

in time. Thereafter he was released on furlough from

30.10.2016 to 26.11.2016 and he reported back to the prison

in time. The petitioner was also released on parole on

28.8.2014 and he reported back to the prison in time. It is not

pointed out that any adverse incident took place during the

period that the petitioner was on furlough or parole. Moreover,

the medical certificate relied on by the petitioner to seek

parole is not doubted. The medical certificate shows that the

mother of the petitioner is suffering from Dis-functional Uterine

Bleeding with Anemia and Mesentric Lymph Node and she

requires surgery as soon as possible. Looking to all these facts,

we are inclined to grant parole to the petitioner. The petitioner

2 of 3

jdk 3 13.crwp.3860.16.j.doc

be released on parole for a period of thirty days on the usual

terms and conditions as set out by the competent authority.

Petition is allowed. Rule is made absolute in above terms.

4 Office to communicate this order to the petitioner

who is in Yerawada Central Prison, Pune.

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

kandarkar

3 of 3