Wilson Benjamin Castelino vs The State Of Maharashtra
2016 Latest Caselaw 6246 Bom

     jdk                                                  1                                              2.crwp.3231.16.j.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                                      
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 3231 OF 2016




                                                                                              
    Wilson Benjamin Castellino                                                      ]
    Prisoner No. 2179,                                                              ]
    Kolhapur Central Prison, Kolhapur                                               ].. Petitioner




                                                                                             
                        Vs.

    The State of Maharashtra                                                        ]..Respondent

                                 ....




                                                                         
    Mr. Prosper D'Souza Advocate appointed for the Petitioner
    Mr. H.J. Dedia A.P.P. for the State       
                                 ....

                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                             
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : OCTOBER 21, 2016

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

    1                   Heard.
       



    2                   The petitioner preferred an application for parole on





    30.12.2014 on account of his nasal problem.                                                                     The said

application came to be rejected by order dated 30.3.2015.

Being aggrieved thereby, the petitioner preferred an appeal.

The said appeal came to be dismissed by order dated

28.10.2015. Hence, the petitioner has preferred the present

petition wherein he has prayed for parole or for bail or

1 of 4

jdk 2 2.crwp.3231.16.j.doc

temporary bail so that he can treat his nasal problem.

3 As far as the prayer for bail is concerned, the

petitioner was convicted under Sections 302, 392 and 450 of

IPC by judgment and order dated 17.11.2013 by the learned

Sessions Judge, Kalyan in Sessions Case No. 79 of 1993. Being

aggrieved thereby, the petitioner preferred an appeal before

this Court being Criminal Appeal No. 757 of 2003. The said

appeal was dismissed by this Court on 12.6.2007. Thus, as far

as the prayer for bail is concerned, this Court has become

functus officio and it would not be possible to consider the

prayer for bail or even temporary bail.

4 The other prayer of the petitioner is that he be

released on parole so that he can treat his nasal problem. The

medical problem of the petitioner is that he had a fracture of

the nose and there is an extra growth of flesh in his right nasal

cavity which is causing him serious problem in breathing.

5 In view of the request made by the petitioner, he was

heard on video conferencing today. He has stated that he had

2 of 4

jdk 3 2.crwp.3231.16.j.doc

a fracture of his nose and extra growth of flesh in his right

nostril which is causing him severe problem in breathing. We

heard the petitioner at length as well as the learned counsel

appointed for the petitioner, learned A.P.P. for the State and

the Doctor attached to Kolhapur Central Prison, Kalamba,

Kolhapur where the petitioner is lodged at present.

6 As far as the prayer for parole is concerned, the

application of the petitioner for parole came to be rejected

mainly on the ground that on 19.11.2010 the petitioner was

released on furlough for a period of 14 days. He had to

surrender on 4.12.2010. However, the petitioner did not

report back in time and ultimately, he had to be traced,

arrested by the police and brought back to the prison. He was

brought to the prison on 8.10.2012. Thus, there was overstay

of 674 days. On account of this, it was apprehended by the

authorities that if the petitioner is released from prison, he will

not report back to the prison in time and he may abscond.

Looking to the past conduct of the petitioner, it cannot be said

that this apprehension is unfounded, hence, we are not inclined

to release the petitioner on parole. In any case, the prisoner

3 of 4

jdk 4 2.crwp.3231.16.j.doc

cannot be released on parole on his own medical ground.

7 However, the Jail doctor Dr. Sanjay Padhye who is

attached to Kolhapur Central Prison, Kolhapur stated that the

petitioner indeed has a nasal problem and he can be referred

to hospital for nasal reconstruction surgery. In this view of the

matter, the petitioner to be sent to C.P.R. Hospital, Kolhapur to

conduct the surgery if found necessary. In case, the said

facility is not available in C.P.R. Hospital, Kolhapur, medical

problem of the petitioner to be treated in any other hospital

where the said medical treatment is available. Needless to

state that all necessary medical treatment be provided to the

petitioner including surgery.

8 With the above observation, writ petition is dismissed.

Rule is discharged.

9 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

4 of 4