Nadu Savalaram Bhoir vs The State Of Maharashtra And Anr
2017 Latest Caselaw 2057 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 1496 OF 2017

Nandu Savalaram Bhoir                                                           ]
Age 30 years, residing at village                                               ]
Patholi, Post- Taloja, Taluka Panvel,                                           ]
Dist. Raigad, (at present on parole                                             ]
leave and was lodged at Kolhapur                                                ]
Central Jail, Kolhapur as Convict                                               ]
C-5508)                                                                         ].. Petitioner

                    Vs.

1. The State of Maharashtra                                                     ]
                                                                                ]
2. Divisional Commissioner, Pune                                                ]
   Division, Pune.                                                              ].. Respondents



                              ....
Mr. D.G.Khamkar Advocate for Petitioner
Mr. H.J. Dedia A.P.P. for the State
                              ....


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

                                        DATED : APRIL                       27, 2017


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

1                   Heard both sides.



2                   The petitioner preferred an application for parole on

the ground of illness of his brother.                                             The illness was that the

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brother of the petitioner had suffered heart attack and he is

required to go angiography and angioplasty. The application of

the petitioner for parole came to be rejected on 14.1.2016.

Being aggrieved thereby, the petitioner preferred an appeal.

The appeal came to be dismissed by order dated 24.10.2016,

hence, the petitioner preferred Criminal Writ Petition No. 120 of

2017. This Writ Petition was allowed by order dated 20.1.2017

for the reasons mentioned therein and parole was granted by

this Court for 30 days.

3 This petition has been preferred by the petitioner

seeking extension of parole period by a further period of 30

days. Reliance is placed on medical certificate dated 29.3.2017

which shows that on account of medical problems, the

operation could not be performed on the brother of the

petitioner. It is on this ground that the extension of parole is

sought for a further period of 30 days.

4 In the order dated 20.1.2017, it is reflected that the

order of rejection dated 14.1.2016 showed that the reason why

the parole is sought, is true and that the brother of the

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petitioner has suffered heart attack about one month ago and

Doctor advised angiography and angioplasty. Looking to this

fact and the medical certificate, we are inclined to extend the

parole period for a further period of 30 days and the parole

period is extended from 16.4.2017 to 15.5.2017. It is made

clear that no further extension will be granted under any

circumstances. Petition is allowed in above terms. Rule is

made absolute accordingly.

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

kandarkar

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