Bombay High Court
Abhijit Bharat Babar vs State Of Maharashtra And Ors on 19 September, 2016
Bench: V.K. Tahilramani
jdk 1 5.crwp.2125.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2125 OF 2016
Abhijit Bharat Babar ]
Age 45 years Adult, ]
Residing at Mahatma Phule Nagar ]
Room No. 1076, Infront of Anil ]
Decorators, IIT Market, Powai ]
Mumbai 76. (Presently in Kolhapur ]
Central Prison) ]..Petitioner
Vs.
1. The State of Maharashtra ig ]
Through Home Deptt. ]
Mantralaya ]
]
2. Superintendent of Prison, ]
Kolhapur Central Prison, ]
Kolhapur ]
]
3. Divisional Commissioner ]
General Administration Deptt. ]
Vidhan Bhavan, Pune ].. Respondents
....
Ms. Meghna Ashok Gowalani Advocate for Petitioner
Mr. H.J. Dedia A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
MRS. MRIDULA BHATKAR, JJ.
DATED : SEPTEMBER 19, 2016
ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides. Rule. Rule is made returnable
1 of 3
jdk 2 5.crwp.2125.16.j.doc
forthwith. By consent, matter is taken up for final hearing.
2 The petitioner had preferred an application for parole
on the ground of illness of his mother. The said application
came to be rejected. Being aggrieved thereby, the petitioner
preferred appeal. The said appeal came to be dismissed by
order dated 1.7.2015, hence, this petition.
The application for parole came to be rejected on the
ground that the petitioner is a convict under M.C.O.C. Act and
he has also been convicted for an offence of kidnapping,
hence, it is apprehended that if he is released on parole, the
petitioner is likely to threaten the witnesses. Looking to the
facts of this case, we are not inclined to grant parole, however,
looking to the fact that the mother of the petitioner is to
undergo by-pass surgery which is scheduled on 19 th / 20th or
21st September, 2016, we are inclined to release the petitioner
under escort to enable him to meet his mother at the hospital.
4 However, as today it is 19th September, 2016, it
would not be possible to send the petitioner under escort who
2 of 3
jdk 3 5.crwp.2125.16.j.doc
is at present in Kolhapur Central Prison, Kallamba, Kolhapur
today itself, hence, the petitioner to be sent under escort to
Room No. 819, Mahatma Jotiba Phule Nagar, I.I.T. Market,
Powai, Mumbai-400076 and thereafter to the hospital on 21st
and 22nd September, 2016. The escorting party to take the
petitioner from Kolhapur Central Prison, Kallamba Kolhapur on
21st September, 2016 and on 23rd September, 2016 at 9.00
a.m. the escorting party shall leave with the petitioner for
Kolhapur Central Prison, Kallamba, Kolhapur. The expenses of
the escorting party shall be at the State's costs.
5 In view of the above, Rule is discharged. Petition is
disposed of in above terms.
6 Office to inform this order forthwith to the
Superintendent of Kolhapur Central Prison, Kallamba Kolhapur.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]
kandarkar
3 of 3
