Suleman Moiddin Shaikh vs The State Of Maharashtra And Ors
2017 Latest Caselaw 9116 Bom

                                                                  902. cri.wp 4774-17.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION
                           WRIT PETITION NO. 4774 OF 2017
       Suleman Moiddin Shaikh                        ...Petitioner
                  V/s
       The State of Maharashtra & others             ...Respondents
                                      ...........

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        :     28th NOVEMBER, 2017.

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

The petitioner has preferred an application for

parole on the ground of marriage of his brother which is on

6/12/2017 at Hotel Orient, Maulana Shaukat Ali Road, Near

Shalimar Cinema, Grant Road (E), Mumbai - 400 007. Learned

Counsel for the petitioner states that the application for parole

was preferred on 25/9/2017. The time stipulated for the

authorities to decide an application for parole is 45 days,

however, though the period of 45 days has elapsed, till today the

application has not been decided.

902. cri.wp 4774-17.doc

2. Learned APP states that the application could not be

decided because the police report is not received. However,

she relied on the police report which was filed earlier when the

petitioner had filed application for furlough. In that police report

it was stated that there would be danger to the life of the

complainant who is residing in Nagpada area. She stated that

the venue of the marriage is almost in the same locality as the

locality where the complainant resides. Hence, she prayed that

the petitioner may not be granted parole.

3. Looking to the fact that the marriage is to take place

on 6/12/2017 and looking to the above facts, we are not

inclined to release the petitioner on parole at this stage,

however, we are inclined to direct the authorities to take the

petitioner under escort to the venue on 6/12/2017. The

petitioner is in Kolhapur Central Prison, Kalamba, Kolhapur, at

present. He be shifted to Arthur Road Central Prison, Mumbai,

by 4/12/2017 and on 6/12/2017, the petitioner be sent by

Arthur Road Central Prison, Mumbai, to the venue. The jail

902. cri.wp 4774-17.doc

authorities and police to ensure that the petitioner reaches the

venue by 6.30 p.m. on 6/12/2017 and after attending the

marriage, at 11.00 p.m., the escorting party shall leave the

venue and bring the petitioner back to Arthur Central Prison,

Mumbai. From there the petitioner may be transferred to

Kolhapur Central Prison, Kalamba, Kolhapur, as and when

convenient to the prison authorities. In view of the fact that the

parole application was not decided within the stipulated time

period, the petitioner shall not be made to pay for the escort.

4. Rule is made absolute in above terms.

5. Learned APP undertakes to communicate the said

order to the prison authority at Kolhapur Central Prision,

Kalamba, Kolhapur and Arthur Road Central Prison, Mumbai.

6. Parties to act on the authenticated copy of this order.

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