Dhirendra Gurunarayansingh ... vs The State Of Maharashtra
2017 Latest Caselaw 4492 Bom

                                 * 1/2 *   30-WP-2054-2017.doc

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

             CRIMINAL WRIT PETITION NO.2054 OF 2017


Dhirendra G. Chauhan                          ......Petitioner
V/s.
The State of Maharashtra                      .......Respondent


Mr. Prosper D'Souza, Advocate appointed for Petitioner.
Ms. M.H.Mhatre, APP for Respondent-State.


                          CORAM : SMT. V.K. TAHILRAMANI, &
                                  SANDEEP K. SHINDE, JJ.

DATE : July 13, 2017.

ORAL JUDGMENT : [Per Smt. V.K.Tahilramani, J.]

Heard both sides. The petitioner preferred an

application for parole on 25.4.2016 on the ground of

ailment of his mother. The said application was rejected by

order dated 5.12.2016 hence, this petition.

2 It is seen that against the order of rejection of

application for parole, there is remedy of an appeal and the

petitioner has not exhausted that remedy and has directly

approached this Court. Constitution Bench of the Supreme

Shivgan

* 2/2 * 30-WP-2054-2017.doc

Court in the case of Thansingh Nathmal and Ors. vs

Superintendent Of Taxes Dubri reported in AIR 1964 SC

1419 has observed that when alternate efficacious remedy

is available, writ petition should not be entertained.

3 In view of the above facts, we are not inclined to

entertain this petition and the petitioner is relegated to the

remedy of preferring an appeal against the order of

rejection of his application for parole, hence, the rule is

discharged.

(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)

Shivgan