Muzammil Umar Kadri vs The State Of Maharashtra And Ors
2017 Latest Caselaw 9064 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 4093 OF 2017

Muzammil Umar Kadri                                                              ]
Adult, Indian Inhabitant, presently                                              ]
lodged at Nashik Road Central Prison                                             ]
Nashik, bearing Convict No. C/6353                                               ]
Nashik Residing at Post Mendadi,                                                 ]
Taluka Mhasala, Dist. Raigad                                                     ].. Petitioner

                    Vs.

     1) The State of Maharashtra                                                ]
        through Secretary, Home                                                 ]
        Deptt. Mantralaya, Mumbai-32                                            ]
                                                                                ]
     2) The Tahsildar,                                                          ]
        (General Administration)                                                ]
        The Divisional Commissioner,                                            ]
        Nashik                                                                  ]
     3) The Superintendent,                                                     ]
        Nashik Road, Central Prison,                                            ]
        Nashik                                                                  ].. Respondents


                               ....
Mrs. A.M.Z. Ansari along with Mrs. Nasreen S.K. Ayubi Advocate
for Petitioner
Mr. Arfan Sait A.P.P. for the State
                               ....


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

                                        DATED : NOVEMBER                               27, 2017


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

1                   Heard both sides.

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2                   The petitioner preferred an application on 14.3.2016

for parole on the ground of illness of his wife.                                                                The said

application was rejected by order dated 17.6.2016. Being

aggrieved thereby, the petitioner preferred an appeal. The

appeal was dismissed by order dated 17.7.2017, hence, this

petition.

3 According to the petitioner, his wife is suffering from

tumor in breast (Rt side) and it is necessary that the tumor in

the breast needs to be investigated and to be referred for

surgery if required. In order to substantiate his claim that the

wife has a tumor in breast or surgery is necessary, reliance is

placed on a medical certificate dated 25.2.2016 issued by Dr.

Das of Deshmukh Nursing Home, Mahad - Raigad. The

statement of Dr. Das has been recorded by police on

18.11.2017. Dr. Das has stated that on 25.2.2016 he was not

attached to the said Nursing Home during that period and he

stopped working in Deshmukh Nursing Home in September,

2015 and he has not issued the said certificate. Thus, the

statement of Dr. Das shows that he has not issued the

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certificate dated 25.2.2016. This shows that the petitioner has

relied on a forged medical certificate in order to get parole.

4 To the present petition, the medical certificate dated

24.7.2017 issued by Dr. Prashant Gaikwad attached to Zilla

Parishad Hospital, Mhasala, Dist. Raigad has been annexed to

substantiate the claim that the wife of the petitioner has tumor

in the breast. Mhasala Police has made enquiries with Dr.

Prashant Gaikwad in relation to the certificate which has been

annexed by the petitioner to this petition. Dr. Gaikwad has

stated that on 24.7.2017, the wife of the petitioner had come to

his hospital and she informed him that her husband was working

in Saudi Arabia and he is not getting leave to come to India,

hence, she requested him to give a certificate stating that she

has a tumor in the right breast. Dr. Gaikwad has stated that he

examined Mrs. Farzana Muzzamil Kadiri who is the wife of the

petitioner and he found that she had no tumor, hence, he

refused to give her a certificate. Thereupon, she informed him

many difficulties in the house and stated that since two years,

her husband had not come home from Saudi Arabia and she

emotionally pressurized him, due to which, in these

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circumstances, Dr. Gaikwad issued the said certificate. Thus, it

is seen that ground on which parole has been sought, did not

and does not at all exist. In fact, as far as earlier medical

certificate dated 25.2.2016 is concerned, it is clearly a forged

certificate. This shows that the petitioner is relying on false and

forged certificates in order to seek his release on parole. This

conduct on the part of the wife of the petitioner is totally

deprecated. The copies of medical certificate dated 25.2.2016,

two statements of Dr. Das and statement of Dr. Prashant

Gaikwad are taken on record and marked as Exhs. A to D.

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

parole to the petitioner, hence, petition is dismissed. Rule is

discharged.

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

kandarkar

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