Bombay High Court
Zakir Ahmed Shakir Ahmed Khan vs The Superintendent Of Prisons And ... on 26 July, 2017
Bench: V.K. Tahilramani
jdk 1 1.crwp.2944.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2944 OF 2017
Zakir Ahmed Shakir Ahmed Khan ]
Aged 43 years, Occ: Business, ]
Residing at Flat No.301, 3rd floor, ]
A Wing, Mir Apartment, Arab Lane, ]
Grant Road, Nagpada, Mumbai ]
-400008 ].. Petitioner
Vs.
1) The Superintendent of Prisons, ]
Yerwada Central Prison, Pune. ]
]
2) The Divisional Commissioner, ]
Pune Region, Pune. ]
]
3) The State of Maharashtra ]
Through the Secretary, ]
Home Department, Mantralaya, ]
Mumbai-400032 ]..Respondents
....
Mr. D.G. Khamkar Advocate for Petitioner
Mrs. G. P. Mulekar A.P.P. for State
Mr. Parvez Memon Advocate for Original Complainant
....
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jdk 2 1.crwp.2944.17.j.doc
CORAM : SMT.V.K.TAHILRAMANI AND
SANDEEP K.SHINDE, JJ.
DATED : JULY 26, 2017
ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J]:
1 Heard. Rule. By consent, Rule is made returnable
forthwith and the matter is heard finally.
2 The petitioner has prayed for extension of parole
granted to him by order dated 20.4.2017 for a period of 30 days
on the ground that the wife of the petitioner was advised
"hysterectomy operation", however, thereafter on 29.4.2017, it
was found that the wife of the petitioner had lump in the breast.
As it was stated that the wife of the petitioner was required to
undergo treatment for lumps in the breast, hence, extension of
parole was sought. By order dated 21.6.2017, parole period
was extended for a period of 30 days.
3 Now the petitioner has again sought extension of
parole for a further period of 30 days. The petitioner has placed
reliance on the medical papers relating to the wife of the
petitioner. The medical certificate dated 18.7.2017 issued by
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jdk 3 1.crwp.2944.17.j.doc
Habib Hospital, Mumbai shows that the wife of the petitioner
underwent breast lump exicision in Habib Hospital and she
requires rest at home for one month. The Discharge Card
clearly shows that the surgery was performed on 18.7.2017 in
Habib Hospital, Mumbai and the wife of the petitioner was
discharged on the very same day i.e. on 18.7.2017. This shows
that the surgery was not at all a major surgery and it was a very
minor surgery. Moreover, it is stated by the learned A.P.P. on
the basis of report from the J.J. Marg Police Station, Mumbai
where the wife of the petitioner is residing, that the daughter of
the petitioner who is 16 or 17 years of age & residing in the
house, can take care of the wife of the petitioner. The said
report of J.J. Marg Police Station is taken on record and marked
"X" for identification. In addition, the mother-in-law of the
petitioner is also there at home to take care of her daughter-in-
law. As stated earlier, the surgery does not at all seem to be of
a serious nature because she was discharged on the very same
day of operation. We would also like to add that in the order
dated 21.6.2017 passed by this Court whereby this Court
extended the period of parole for a further period of 30 days, it
is clearly stated that under no circumstances any further
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jdk 4 1.crwp.2944.17.j.doc
extension of parole will be granted.
4 Looking to all the above facts, we are not inclined to
extend the period of parole. Rule is discharged. Petition is
dismissed.
[ SANDEEP K. SHINDE, J. ] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
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