Vijay Sudam Wagh vs The State Of Maharashtra
2017 Latest Caselaw 4544 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 2118 OF 2017

Vijay Sudam Wagh                                                                ]
C-10399                                                                         ]
Nashik Road Central Prison, Nashik                                              ].. Petitioner

                    Vs.

The State of Maharashtra                                                        ].. Respondent

                             ....
Mr. Prosper D'Souza Advocate appointed for Petitioner
Ms. M.H.Mhatre A.P.P. for the State
                             ....

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

DATED : JULY 14, 2017

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

1                   Heard both sides.

2                   The petitioner preferred an application on 3.5.2016 for

parole on the ground of illness of his mother. The application

was rejected by order dated 5.12.2016. Being aggrieved

thereby the petitioner preferred an appeal. The appeal was

dismissed by order dated 6.3.2017. Being aggrieved by both

these orders, the present petition has been preferred by the

petitioner.

3 The application of the petitioner for parole and his

appeal were dismissed on the ground that in view of the

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Notification dated 26.8.2016 he cannot be granted parole. The

Notification dated 26.8.2016 states that persons who have been

convicted under Section 376 of IPC will not be entitled to be

released on parole and the present petitioner has been

convicted under Section 376(2)(f) of IPC.

4 It is noticed that the application of the petitioner is

dated 3.5.2016 i.e prior to the Notification which is dated

26.8.2016, hence, the Notification dated 26.8.2016 cannot be

made retrospectively applicable to an application for parole

which was preferred on 3.5.2016. In this view of the matter,

orders dated 5.12.2016 and 6.3.2017 are set aside. The

authorities to decide the application of the petitioner for parole

afresh.

5 Rule is made absolute in above terms. Petition is

allowed accordingly. Office to communicate this order to the

petitioner who is in Nashik Road Central Prison, Nashik.

[ SANDEEP K. SHINDE, J. ] [ SMT.V.K.TAHILRAMANI, J.]

kandarkar

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