Raja @ Rajesh Bhalchandra Gavari vs Principle Secretary Home ...
2017 Latest Caselaw 5778 Bom

 jdk                                                 1                                              22.crwp.2632.17.j.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO. 2632 OF 2017


Raja @ Rajesh Bhalchandra Gavari                                                ]
Age 38 years, Occ: Business                                                     ]
Resident at Tawade Building,                                                    ]
Ground floor, Teli Galli,                                                       ]
Near Civil Hospital, Dist. Thane                                                ]
(At present lodged in Amravati                                                  ]
Central Jail, Amravati)                                                         ].. Petitioner

                    Vs.

1. Principal Secretary, Home Deptt.   ]
   State of Maharashtra, Mantralaya   ]
   Mumbai                             ]
                                      ]
2. Divisional Commissioner,           ]
   Nashik Road Division, Dist. Nashik ]
                                      ]
3. Deputy Commissioner of Police      ]
   Crime Branch, Thane City, Thane    ]
                                      ]
4. Jail Superintendent,               ]
   Amravati Central Jail, Amravati    ]
                                      ]
5. The State of Maharashtra           ]
    (At the instance of Kalwa P.St.   ]
    Thane).                           ].. Respondents


                             ....
Mr. Rajiv Patil Senior Advocate i/b Mr. Prashant M. Patil
Advocate for Petitioner

Mrs. G.P.Muelkar A.P.P. for the State
                              ....


                                                                                                    1   of  4




         ::: Uploaded on - 10/08/2017                                                     ::: Downloaded on - 12/08/2017 01:58:00 :::
  jdk                                                 2                                              22.crwp.2632.17.j.doc



                            CORAM :                         SMT.V.K.TAHILRAMANI &
                                                            DR.SHALINI PHANSALKAR-JOSHI, JJ.

                           DATED :                          AUGUST 08, 2017


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

1                   Heard both sides.



2                   The petitioner preferred an application for parole on

9.6.2016               on the ground of illness of his mother.                                                  The said

application came to be rejected by order dated 14.2.2017.

Being aggrieved thereby, the petitioner preferred an appeal.

The appeal was dismissed by order dated 25.4.2017, hence,

this petition.

3 In support of contention that the mother of the

petitioner is suffering from medical problem, reliance is placed

on two medical certificates which are annexed to the petition.

The first certificate is dated 21.4.2016 from Vedant

Multispeciality Hospital, Thane. In this medical certificate, it is

stated that mother of the petitioner is suffering from

"Dysfunctional Uterine Bleeding" since last one year and she is

advised to undergo surgical intervention i.e. Hysterectomy

2 of 4

jdk 3 22.crwp.2632.17.j.doc

operation at the earliest. Thereafter reliance is placed on the

medical certificate dated 12.6.2017 issued by the Govt.

Hospital Bhiwandi, Dist. Thane. In this medical certificate, it is

stated that she is suffering from heart disease only. It is

pertinent to note that both the medical certificates are totally

discrepant. In first certificate, it is mentioned that she is

suffering from Uterine problem for which Hysterectomy

operation is advised and in the second certificate, it is stated

that she is suffering from heart problem. Thus, the second

certificate makes no reference at all to the mother of the

petitioner suffering from any Uterine problem and that

Hysterectomy operation is necessary. In this view of the

matter, some doubt is created about the genuineness of the

certificates.

4 Even assuming that the mother of the petitioner is

unwell, she has three married daughters who are staying in the

same locality in which the mother of the petitioner is residing.

Her daughter-in-law is also residing with her. Thus, it is seen

that there are enough people to take the care of the mother of

the petitioner, hence, we are not inclined to interfere in the

3 of 4

jdk 4 22.crwp.2632.17.j.doc

orders of rejection.

5 In view of the above, petition is dismissed. Rule is

discharged. However, if the petitioner prefers an application for

furlough or parole, the same shall be decided on its own merits

and in accordance with law.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [ SMT.V.K.TAHILRAMANI, J.]

kandarkar

4 of 4