Citation : 2016 Latest Caselaw 5864 Bom
Judgement Date : 5 October, 2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3462 OF 2016
Dnyaneshwar Bhaskar Patil ]
Aged 50 years, ]
Residing at Room No.12, ]
Prakash Bldg., Nilegaon, ]
Nallasopara (W), Dist. Thane ]
At present at Manghar Post Kudevhal ]
Taluka Panvel, Dist. Raigad ]
(Confined at Yerawada Central ]
Prison, Yerawada, Pune. ig ]
Now released on parole leave) ].. Petitioner
Vs.
1. The State of Maharashtra ]
]
2. The Superintendent, ]
Yerawada Central Prison, ]
Yerawada, Pune ]
]
3. The Divisional Commissioner, ]
Pune Division, Council Hall, ]
Pune-411001 ].. Respondents
....
Mr. Manas N. Gawankar Advocate 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
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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.
The said application came to be granted. Pursuant to the said
order granting parole, the petitioner was released on parole
from 7.8.2016 to 5.9.2016.
ig On 19.8.2016 the petitioner
preferred an application for extension of parole on the ground
of illness of his wife. The said application was granted by order
dated 9.9.2016 and the parole period was extended by a
period of 30 days.
3 Thereafter, the petitioner preferred second
application on 8.9.2016 for extension of parole for a period of
thirty days. The grievance of the petitioner is that the said
application has not yet been decided, hence, the petitioner has
sought directions that the application may be considered as
expeditiously as possible and in the meanwhile, his parole
leave may be extended. We are not inclined to grant any
extension of parole because, it is upto the authorities to decide
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the application of the petitioner for parole. Only order that can
be passed is that the authorities to consider the application for
extension of parole as expeditiously as possible and to
communicate the same to the petitioner.
4 In view of the above, we are not inclined to interfere,
hence, Rule is discharged. Writ petition is disposed of with the
above direction.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI, J. ]
kandarkar
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