Gajanan S/O. Narayan Chavhan (In ... vs State Of Maharashtra Thr. Deputy ...
2017 Latest Caselaw 6289 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.

                             CRIMINAL WRIT PETITION NO.685 of 2017
                             (Gajanan s/o. Naryan Chavhan .vs. State and another)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                                   Court's or Judge's orders.
and Registrar's Orders.
                                      Ms R.M.Mishra, Advocate (appointed) for the petitioner.
                                      Ms Tajwar Khan, A.P.P. for Respondent Nos. 1 and 2.


                                      CORAM :  SMT. VASANTI  A  NAIK  AND
                                                   M. G. GIRATKAR, JJ.

DATE : 16.8.2017.

The only prayer made by the petitioner in this Writ Petition is for a direction against respondent no.1 to release the petitioner on death parole for a period of 30 days as the petitioner wishes to perform the religious rites and rituals due to the death of his grandmother on 15.2.2017.

Though it is stated on behalf of the petitioner that the petitioner had applied for grant of parole leave, it is stated on behalf of the respondents by the learned Additional Public Prosecutor on instructions that no such application is received by the Divisional Commissioner- Competent Authority.

It would not be for this Court to adjudicate on the

168wp685.17.odt

dispute whether the application was indeed filed or not. In the circumstances of the case, we dispose of the Criminal Writ Petition with a permission to the petitioner to apply for the parole leave within 15 days and with a direction against respondent no.1 to decide the said application within four weeks from the date of receipt thereof. Order accordingly.

The professional fees of the learned Counsel for the petitioner are quantified at Rs.1,500/- and the same should be paid to her at the earliest.

                                               JUDGE                                                           JUDGE


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