Vicky @ Vikesh Ramesh Bacchav vs The State Of Maharashtra
2017 Latest Caselaw 8002 Bom

                                                                             (28) WP 3661-17.doc

DDR

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 3661 OF 2017
       Vicky @ Vikesh Ramesh Bacchav                                     ...Petitioner

             vs.
       The State of Maharashtra                                          ...Respondent

                                     ...........

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

Mr. Arfan Sait, A.P.P. - 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 13/2/2017. The said application was rejected by order

dated 13/4/2017. Being aggrieved thereby the petitioner preferred

an appeal. The appeal was dismissed by order dated 14th June, 2017,

hence this petition.

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

petitioner for parole is that his appeal is pending before this Court. As

(28) WP 3661-17.doc

per Notification dated 26/8/2016, the prisoners whose appeals are

pending before higher Forum are not entitled to be released on

parole. As stated earlier, the appeal of the petitioner is pending before

this Court, hence we cannot find any error in the order rejecting the

application of the petitioner for parole. In this view of the matter, no

case is made out for interference. Rule is discharged.

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