Hambirrao Bhauso Khamkar vs The State Of Maharashtra And Ors
2017 Latest Caselaw 8545 Bom

                                                                             25. wp 3930.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                CRIMINAL WRIT PETITION NO. 3930 OF 2017

                 Hambirrao Bhauso Khamkar                         .. Petitioner
                      Vs.
                 The State of Maharashtra and ors.                .. Respondents

                 Ms.Rohini M. Dandekar, for the Petitioner.
                 Mr.Arfan Sait, APP  for State.


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

08th NOVEMBER, 2017

ORAL JUDGMENT (PER SMT.

V .K.TAHILRAMANI, J) :

1. Heard both sides.

2. The petitioner preferred an application for parole on

22/04/2016. The said application was granted by order dated

20/06/2016. Pursuant thereof, the petitioner was released on

parole on 14/07/2016 for a period of 30 days. Thereafter, the

petitioner preferred an application being the first application for

extension of parole. This application was granted and the

parole period was extended for a further period of 30 days i.e.

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from 14/08/2016 to 12/09/2016.

3. Thereafter, the petitioner preferred second

application for extension of parole on 26/08/2016. The said

application was rejected by order dated 17/10/2016. Being

aggrieved thereby, the petitioner preferred an Appeal. The said

Appeal came to be dismissed on 07/07/2017. Hence, this

Petition.

4. The petitioner is seeking second extension of parole

i.e. from 13/09/2016 to 12/10/2016. It is an admitted fact that

the petitioner has surrendered on 12/10/2016.

5. The application of the petitioner for second

extension of the parole came to be rejected in view of the

notification dated 26/08/2016. The said notification states that

initial parole can be granted for 45 days and the same parole

period can be extended only upto 60 days once in 3 years.

However, it is to be noted that the application by the petitioner

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for parole was made on 22/04/2016 i.e. much prior to the

notification. Hence, notification dated 26/08/2016 cannot be

made retrospectively applicable to the application of the

petitioner. The sole ground on which second application for

extension of parole came to be rejected is notification dated

26/08/2016. As observed by us, this notification cannot be

made applicable to the case of the petitioner who preferred his

initial application for parole on 22/04/2016.

6. In this view of the matter, the orders dated

17/10/2016 and 07/07/2017 are set aside. The parole period is

extended by 30 days.

7. Rule is made absolute in the above terms. Office to

communicate this order to the petitioner who is in Kolhapur

Central Prison, Kalamba.

(M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.)