Atul Ashok Deshmukh vs Principal Secretary And Ors
2017 Latest Caselaw 1445 Bom

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RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL WRIT PETITION NO. 978 OF 2017


            Atul Ashok Deshmukh                                           .. Petitioner

                                  Versus
            Principal Secretary, Home Department,
            Government of Maharashtra & Ors.                              .. Respondents

                                                   ...................
            Appearances
            Ms. Sakshi Chogle Advocate for the Petitioner
            Mr. H.J. Dedia    APP for the State
                                      ...................


                              CORAM        : SMT. V.K. TAHILRAMANI &
                                               M.S. KARNIK, JJ.

DATE : APRIL 4, 2017.

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

1. Heard both sides.

2. Rule. By consent of the parties, rule is made returnable

forthwith and the matter is heard finally.

3. The petitioner preferred an application for parole on

25.3.2016 on the ground of illness of his mother. The said

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application was rejected by order dated 23.9.2016. Being

aggrieved thereby, the petitioner preferred an appeal. The

said appeal was dismissed by order dated 13.2.2017. Hence,

this petition.

4. The order dated 13.2.2017 shows that no papers

relating to the treatment taken by the mother of the

petitioner or any medical reports relating to medical tests

undergone by the mother of the petitioner were submitted,

hence, it was not possible to know the current position of the

illness of the mother of the petitioner. This was the main

reason for dismissing the appeal.

5. Learned counsel for the petitioner states that due to

oversight, medical papers could not be submitted to the

competent authority.

6. Looking to the reasons stated in the order dated

13.2.2017, we cannot find fault with the authorities in

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rejecting the application of the petitioner for parole.

However, the petitioner is given an opportunity to prefer a

fresh application for parole annexing thereto fresh medical

certificate, the papers relating to the medical tests

undergone by the mother of the petitioner and / or papers

relating to treatment if any undergone by the mother of the

petitioner. The Competent Authority to decide the same as

expeditiously as possible.

7. Rule is disposed of in the above terms.

[ M.S. KARNIK, J. ]                       [ SMT. V.K. TAHILRAMANI, J. ]




jfoanz vkacsjdj                                                                  3 of 3