Bhagwan Sakharam Bhangare vs The State Of Maharashtra
2016 Latest Caselaw 5863 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                      
                      CRIMINAL APPELLATE JURISDICTION
                  CRIMINAL WRIT PETITION NO. 3539 OF 2016
              (CONVERTED FROM APPLICATION NO.1232 OF 2016




                                                                                              
                    IN CRIMINAL APPEAL NO. 862 OF 2014)

    Bhagwan Sakharam Bhangare                                                       ]
    Age 40 years,                                                                   ]




                                                                                             
    residing at Mokam Post Madsanghvi,                                              ]
    District Nashik                                                                 ]
    Presently lodged at Nashik Road                                                 ]
    Central Prison, Convict No. 8985                                                ]..Petitioner




                                                                         
                        Vs.                   
    1. The State of Maharashtra                                                     ]
                                                                                    ]
                                             
    2. The Superintendent of Prison,                                                ]
       Nashik Road Central Prison,                                                  ]
                                                                                    ]
    3. The Senior Inspector of Police,                                              ]
       Aadgaon Police Station, Nashik                                               ].. Respondents
          


                                  ....
       



    Ms. Farana Shah 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 : OCTOBER 05, 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.

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            2                   The petitioner is serving out sentence in Nashik Road




                                                                                                                              
            Central Prison, Nashik.                              The son of the petitioner expired on

20.9.2016. The petitioner applied for death parole to the

Superintendent of Nashik Road Central Prison, Nashik,

however, by order dated 21.9.2016, the said application came

to be rejected. In the said order, it was informed that against

this order of rejection, the petitioner may approach the

Divisional Commissioner, Nashik. However, the petitioner has

not approached the Divisional Commissioner, Nashik and he

has directly approached this Court. Hence, it would be

appropriate that the petitioner prefers an application to the

Divisional Commissioner, Nashik. If such an application is

preferred, the same be decided within a period of one week

from receipt thereof by the Divisional Commissioner, Nashik.

Thus, we are not inclined to grant parole to the petitioner.

3 Writ petition is disposed of in above terms. Rule is

discharged.

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

kandarkar

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