Amit Eknath Rao vs The State Of Maharashtra And Anr
2017 Latest Caselaw 2387 Bom

                                                                                    19. cri wp 1906-17.doc


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

                          CRIMINAL WRIT PETITION NO. 1906 OF 2017


            Amit Eknath Rao                                                      Petitioner

                                  Versus
            The State of Maharashtra & Anr.                                      Respondents

                                                     ...................
            Appearances
            Mr. D.G. Khamkar                   Advocate for the Petitioner
            Mr. H.J. Dedhia                    APP for the State
                                                     ...................



                              CORAM        : SMT. V.K. TAHILRAMANI &
                                               M.S. KARNIK, JJ.

DATE : MAY 5, 2017.

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

1. Heard both sides.

2. Rule. By consent of the parties, Rule is made

returnable forthwith and the matter is heard finally.

3. The petitioner preferred an application for parole on the

ground of marriage of his sister which has to take place on

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19. cri wp 1906-17.doc

8.5.2017. The application preferred by the petitioner was

pending before the concerned authorities at the time this

petition was preferred.

4. Learned APP, on instructions, states that the application

of the petitioner for parole came to be rejected on the

ground that on 14.8.2017 when the petitioner was released

on furlough, he did not report back to the prison in time and

he absconded. Ultimately, he was traced and arrested by

the police and brought back to the prison. There was delay

of 548 days in reporting back to the prison. On this basis, it

is apprehended that if the petitioner is released on parole, he

would abscond and not report back to the prison in time.

Thereafter, learned APP submitted that Sachin who is the

brother of the present petitioner had preferred Cri. Writ

Petition No. 1802 of 2017 before this Court seeking parole on

the ground of marriage of his sister. He has a clearn record,

hence, he has been released on parole to enable him to

attend the marriage of his sister.

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                                                             19. cri wp 1906-17.doc

5. In view of the above facts, we are not inclined to grant

parole to the petitioner. Rule is discharged.

[ M.S. KARNIK, J. ]                   [ SMT. V.K. TAHILRAMANI, J. ]




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