Ganesh Uttam Kamble vs The State Of Maharashtra
2017 Latest Caselaw 7998 Bom

                                                                            (29) WP 3662-17.doc

DDR

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 3662 OF 2017
       Ganesh Uttam Kamble                                              ...Petitioner

             vs.
       The State of Maharashtra                                         ...Respondent

                                     ...........

Mr. Prosper D'Souza, Advocate appointed for the petitioner.

Mr. Arfan Sait, A.P.P. for the State.

...........

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

                                  DATE               :     10th October, 2017.

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

Heard both sides. The petitioner preferred an application

for parole on 17/10/2016. The said application was rejected by order

dated 7/1/2017. Being aggrieved thereby the petitioner preferred an

appeal. The appeal was dismissed by order dated 30/3/2017, hence

this petition.

2. One of the reasons for rejecting the application of the

petitioner for parole is that he was convicted for the offence under

(29) WP 3662-17.doc

Section 376 of the Indian Penal Code i.e. rape. As per Notification

dated 1/12/2015, the prisoners who are convicted for the offence of

rape, are not entitled to release on parole. As stated earlier, the

petitioner has been convicted under Section 376 of Indian Penal

Code, hence, we cannot find any error in the order rejecting the

application of the petitioner for parole. Hence, no case is made out

for interference. Rule is discharged.

3. The office to communicate this order to the petitioner

who is in Yerwada Central Prison, Pune.

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