Matin Nabib Shaikh vs The State Of Maharashtra And Ors
2017 Latest Caselaw 1034 Bom

 jdk                                                  1                                              11.cr.wp.633.17.j.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL WRIT PETITION NO. 633 OF 2017

Matin Nabib Shaikh                                                              ]
Age Adult, Occ: Nil,                                                            ]
Residing Baban Londe Chawl,                                                     ]
Mahatma Phule Road, Bhosari, Pune                                               ]
(At present in Kalamba Central                                                  ]
Prison, Kolhapur)                                                               ].. Petitioner

                    Vs.

1. The State of Maharashtra                                                     ]
   Through the Secretary                                                        ]
   Home Department, 2nd floor,                                                  ]
   Main Building, Madam Cama Marg                                               ]
   Mantralaya, Mumbai-400 032                                                   ]
                                                                                ]
2. The Divisional Commissioner,                                                 ]
   Vidhan Bhavan, Pune-411001                                                   ]
                                                                                ]
3. The Superintendent,                                                          ]
      Kalamba Central Prison,                                                   ]
      Kolhapur                                                                  ].. Respondents


                             ....
Mr. B.G. Tangsali Advocate i/b Mr. Santosh S. Musale Advocate
for Petitioner
Mr. H.J. Dedia A.P.P. for the State
                             ....


                                        CORAM : SMT.V.K.TAHILRAMANI AND
                                                REVATI MOHITE DERE, JJ.

DATED : MARCH 24, 2017

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

1 of 3

jdk 2 11.cr.wp.633.17.j.doc

1 Heard both sides.

2 The petitioner preferred an application for parole on

the ground of illness of his wife. The said application came to

be rejected by order dated 10.5.2016. Being aggrieved

thereby, the petitioner preferred an appeal. The said appeal

came to be dismissed by order dated 29.11.2016, hence, this

petition.

3 It is the case of the petitioner that his wife is suffering

from 'chronic appendicitis' and she needs to be operated.

Reliance is placed on medical certificates to show that she is

suffering from appendicitis and she requires surgery.

4 The jail record of the petitioner shows that on

13.7.2015 he was released on parole and he returned back in

time. The medical certificates and the medical reports clearly

show that the wife of the petitioner is suffering from 'chronic

appendicitis'. In this view of the matter, we are inclined to

release the petitioner on parole for a period of 30 days. The

petitioner - Matin Nabib Shaikh to be released on parole for a

2 of 3

jdk 3 11.cr.wp.633.17.j.doc

period of 30 days on the usual terms and conditions as set out

by the jail authorities. Petition is allowed. Rule is made

absolute in above terms.

[ REVATI MOHITE DERE, J. ] [ SMT.V.K.TAHILRAMANI, J.]

kandarkar

3 of 3