Bashir Shaikh @ Shetta Abdul ... vs The State Of Maharashtra And Ors
2017 Latest Caselaw 283 Bom

                                                                                   17. cri wp 530-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL WRIT PETITION NO. 530 OF 2017


            Bashir Shaikh @ Shetta Abdul Gaffar
            Shaikh                                                        .. Petitioner

                                  Versus
            The State of Maharashtra & Ors.                               .. Respondents

                                                   ...................
            Appearances
            Mr. Prosper D'Souza Advocate (appointed) for the Petitioner
            Mr. H.J. Dedia      APP for the State
                                     ...................


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

DATE : MARCH 1, 2017.

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

1. Heard both sides.

2. The petitioner preferred an application for parole on

3.5.2016 on the ground of illness of his wife. The said

application was rejected by order dated 19.7.2016. Being

aggrieved thereby, the petitioner preferred an appeal. The

appeal was dismissed by order dated 29.11.2016, hence, this

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petition.

3. The application of the petitioner for parole came to be

rejected on the ground that if the petitioner is released on

parole, there would be danger to the life of the complainant

and the witnesses and there is possibility of law and order

being affected.

4. Jail chart of the petitioner shows that earlier he was

released on furlough on 28.7.2014 to 26.8.2014. He has

reported back to the prison in time. He was also released on

parole on 29.11.2013 and he reported back to the prison in

time on 16.1.2014. Thereafter, the petitioner was released

on parole on 4.3.2015 to 4.6.2015. On this occasion also,

the petitioner reported back to the prison on his own though

one day late. On none of these occasions that the petitioner

was released either on furlough or parole, there is any record

to show that the petitioner or anyone on his behalf

threatened the complainant or the witnesses or that there

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was any law and order problem, hence, the reason for

rejecting the application of the petitioner for parole is totally

incorrect and without any basis. Looking to the facts and

circumstances of this case, we are inclined to release the

petitioner on parole.

5. The petitioner be released on parole on usual terms

and conditions as set out by the competent authorities.

6. Rule is made absolute in the above terms.

7. Office to communicate this order to the petitioner who

is in Kolhapur Central Prison, Kalamba.

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




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