Altaf Ali Mushtaq Ali Sayed vs The State Of Maharashtra And Ors
2017 Latest Caselaw 3457 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

             CRIMINAL WRIT PETITION NO.2027 OF 2017


Altaf Ali Mushtaq Ali Sayed                          ......Petitioner
V/s.
State of Maharashtra & Ors.                          .......Respondents


Ms. H.Hussein i/by M/s. Bharat Vaishnawa & Co. , Advocate
for Petitioner.
Mr. H.J.Dedia, APP for Respondent-State.


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

DATE : June 21, 2017.

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

Heard both sides.

2 The Petitioner preferred application dated

16.3.2016 for parole on the ground of illness of his wife.

This application was rejected on 17.6.2016. Being

aggrieved thereby, the Petitioner preferred an appeal. The

Appeal is dismissed hence, this Petition.

3 Maximum sentence of imprisonment imposed on

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the Petitioner is 10 years. Reason for rejecting the

application of the Petitioner for parole is that he is

convicted in a case relating to bomb blast and if the

Petitioner is released on parole, he will not report back to

the prison. The second reason for rejecting application of

the Petitioner for parole is that surety may not be able to

keep check on the Petitioner if he is released on parole.

4 We find that both the reasons have been given

without any basis. Jail record of the Petitioner shows that

on 2.8.2013, he was released on parole and the Petitioner

reported back on the due date on his own. Thereafter, the

Petitioner was released on parole on 30.1.2015 and the

Petitioner has reported back to the prison on the due date

on his own. In addition, the Petitioner was released on

furlough on 3 occasions i.e, on 28.7.2014, 31.12.2014 and

22.1.2016 and on all three occasions, the Petitioner

reported back to the prison on due date on his own.

Moreover, same surety who has been proposed at present

had stood surety on the earlier occasions. Therefore, both

the grounds of rejection have been made without any basis

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for the same.

5 In view of the above facts and looking to the

medical certificates of the wife of the Petitioner, we are

inclined to release the Petitioner on parole for a period of

30 days. The Petitioner to be released on parole for a

period of 30 days on the usual terms and conditions as

imposed by the Competent Authority.

6 Rule is made absolute in the above terms.

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

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