Akbarkhan Ajmer Khan vs The State Of Maharashtra
2017 Latest Caselaw 9361 Bom

                                                                      28. Cri. 4441-17.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
                      WRIT PETITION NO. 4441 OF 2017

       Akbar Khan Ajmer Khan                                     .. Petitioner
            Vs.
       The State of Maharashtra                                  .. Respondent
                                  ...........
       Ms. Rohini M. Dandekar, Advocate appointed for the petitioner.

       Mrs. G.P. Mulekar, A.P.P. - State. 
                                      ...........

                        CORAM : SMT. V.K. TAHILRAMANI ACTING C.J.  
                                       AND M.S.KARNIK, J.

DATE : 6th DECEMBER, 2017.

ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, J.):-

Heard both sides.

2. The petitioner preferred an application for parole on

19/1/2017. The said application came to be rejected by order

dated 29/5/2017. Being aggrieved thereby, the petitioner

preferred an appeal. The appeal was dismissed by order dated

13/9/2017, hence, this petition.

3. The application of the petitioner for parole came to

be rejected earlier on the ground that the illness which the

28. Cri. 4441-17.doc

mother is suffering from is not found to be serious. It is an

admitted fact that the mother is suffering from Uterine Bleeding,

however, medical certificate also shows that she has been

suffering from uretic colic and the medical problem is serious in

nature. The jail record of the petitioner shows that he was

released on parole on 4/1/2016 and he has reported back on the

due date to the prison on his own. The petitioner was also

released on furlough on two occasions i.e. on 27/2/2015 and

8/2/2017 and on both dates, the petitioner has reported back to

the prison on his own. It is further stated that the conduct of the

petitioner in the prison is good. In view of these facts, we are

inclined to release the petitioner on parole for a period of 45

days on usual terms and conditions as set out by the jail

authorities.

4. Rule is made absolute accordingly.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE)