Suresh Shankar Sawant vs The State Of Maharashtra And Ors
2017 Latest Caselaw 8783 Bom

                                                                             906. WP 4578-17.doc

DDR

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 4578 OF 2017
       Suresh Shankar Sawant                                             ...Petitioner
                    V/s
       The State of Maharashtra                                          ...Respondent.
                                     ...........

Mrs. Farhana Shah, Advocate for the petitioner.

Mrs. G.P. Mulekar, A.P.P. - State.

...........

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

                                  DATE               :      16th NOVEMBER, 2017.

ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, J.):-

Heard both sides. The petitioner preferred this

application for parole on 20/7/2016 on the ground of illness of his

wife. The said application was rejected. The appeal preferred against

the order of rejection was dismissed, hence the petitioner approached

this Court. By order dated 28th September, 2017 this Court granted

parole leave for a period of 30 days to the petitioner.

2. Extension of parole is sought for 60 days on the ground

that the wife of the petitioner was to be operated. The operation

906. WP 4578-17.doc

could not take place as Creatinine level was not normal and only

after it becomes normal surgery can be performed.

3. Learned APP stated that they have recorded the

statement of the Doctor and the Doctor has stated that it is not

possible to predict the exact date of the surgery. Further it is seen

from the statement of the Doctor dated 15/11/2017 produced by the

learned APP that wife of the petitioner is in fact suffering from PID

with Small Hemorrhagic cyst in Right ovary and she needs to be

operated for Hysterectomy. The statement of the Doctor shows that

she cannot be operated as of now as the Creatinine level are not

normal. In this view of the matter, as a last chance, on humanitarian

ground, we are inclined to extend the parole for a period of 30 days

on the same terms and conditions on which he was released on

parole. If operation is not performed within this time, the petitioner

will surrender and thereafter apply for parole as and when the date

of operation is fixed. Writ Petition is allowed in above terms.

4. Rule is made absolute.

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