Nitin Pandurang Vaiti vs The State Of Maharashtra And Ors
2017 Latest Caselaw 6909 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 2813 OF 2017

Nitin Pandurang Vaiti                                                             ...           Petitioner
           V/s.
The State of Maharashtra & Ors.                                                   ...           Respondents

• Mr.Omkar Gopal Nagwekar for the Petitioner. • Mr.Arfan Sait, A.P.P. for the Respondents-State.

CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 7th SEPTEMBER, 2017.

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

1]                     Heard both sides. 


2]                     The   Petitioner   preferred   an   application   for   parole   on

ground of illness of his mother. The said application is dated

17/05/2016. The said application came to be rejected by order dated

23/09/2016. Being aggrieved thereby the Petitioner preferred an

appeal. The said appeal was dismissed by order dated 13/02/2017;

hence this petition.

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3]                     The   application   of   the   Petitioner   for   parole   came   to   be

rejected mainly on the ground that the complainant/witness

Smt.Sushma Prakash Bhoir has stated that there is danger to her life,

if the Petitioner is released on parole. It is stated that if the Petitioner

is released on parole, there may be problem of law and order. Learned

APP pointed out that Smt.Sushma Prakash Bhoir has also applied for

police protection.

4] In view of the above facts, the application of the Petitioner

came to be rejected mainly on ground that the Petitioner as well as

the complainant and witnesses are residents of the same area. As far

as this ground is concerned, it is noticed that Smt.Sushma Prakash

Bhoir is a resident of Kalwa, Thane; whereas the mother of the

Petitioner is residing at Airoli in Navi Mumbai. The apprehension of

the authority can be taken care of by imposing appropriate conditions

on the Petitioner.

5] In view of the above and in view of the 'Medical

Certificate' of the mother of the Petitioner, which shows that she

needs to undergo Coronary Angiography, we are inclined to release

the Petitioner on parole of 30 days on the terms and conditions as set

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out by the competent Authority. However, in addition, condition is

imposed on the Petitioner that during the period of parole, he shall

not enter Thane District.

6]                     Rule is made absolute in above terms. 



(DR. SHALINI PHANSALKAR-JOSHI, J.)    (SMT. V.K. TAHILRAMANI, J.)