Shahanwaz Abdul Kadar Qureshi vs The State Of Maharashtra And Anr
2017 Latest Caselaw 9790 Bom

                                                                                  1. cri wp 4527-17 .doc


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

                          CRIMINAL WRIT PETITION NO. 4527 OF 2017


            Shahanwaz Abdul Kadar Qureshi                                 .. Petitioner

                                 Versus
            The State of Maharashtra & Anr.                               .. Respondents

                                                  ...................
            Appearances
            Mr. Jagdish G. Shetty Advocate for the Petitioner
            Mrs. G.P. Mulekar     APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI, Acting C.J. &
                                              M.S. KARNIK, J.

DATE : DECEMBER 19, 2017.

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

1. Leave to amend. Amendment to be carried out

forthwith.

2. Heard both sides.

3. Rule. Rule is made returnable forthwith and the matter

is heard finally by consent of the parties.

            jfoanz vkacsjdj                                                                    1 of 4





                                                           1. cri wp 4527-17 .doc

4. The petitioner preferred an application for parole on

2.11.2017 on the ground of marriage of his son which is to

take place in Mumbai on 21.12.2017. The said application

came to be rejected by order dated 20.11.2017. Being

aggrieved thereby, the petitioner preferred an appeal. The

appeal was dismissed by order dated 19.12.2017, hence, this

petition.

5. The application of the petitioner for parole came to be

rejected on the ground that the petitioner is involved in

terrorist activities and is convicted under TADA, hence, in

view of the Notification dated 26.8.2016, the petitioner

cannot be released on parole.

6. It is to be noted that it is not denied that the marriage

of the son of the petitioner is to take place on 21.12.2017 in

Mumbai. The marriage is to take place at Bandra Jama

Masjid, S.V. Road, Bandra (W), Mumbai - 400 050 after

Namaz-e-Zauhar i.e it is stated to take place approximately

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1. cri wp 4527-17 .doc

at 2.00 p.m. Thereafter, the reception will take place from

7.00 p.m. to 11.00 p.m. at 396/18-19, North Avenue,

Santacruz (W), Mumbai - 400 054.

7. Though, we are not inclined to grant parole, in view of

the above facts, on humanitarian ground, we direct that the

petitioner who is in Yerwada Central Prison be taken under

police escort to attend the marriage and reception of his son

which is to take place at the addresses mentioned above on

21.12.2017 between 2.00 p.m. to 11.00 p.m.

8. The escorting party to ensure that the petitioner

reaches the above mentioned venue at 2.00 p.m. and at

11.00 p.m, the escorting party will leave the venue with the

petitioner and take him back to the prison.

9. The cost of the escort to be borne by the State.

10. Rule is made absolute in the above terms.

jfoanz vkacsjdj                                                        3 of 4





                                                            1. cri wp 4527-17 .doc

11. Parties to act on an authenticated copy of this order.

[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]




jfoanz vkacsjdj                                                         4 of 4