Sandeep Ramesh Gaikwad vs The State Of Maharashtra
2017 Latest Caselaw 7426 Bom

 jdk                                                   1                                              5.crwp.3046.17.j.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 3046 OF 2017

Sandeep Ramesh Gaikwad                                                          ]
C-8548, Nasik Road Central Prison,                                              ]
Nasik                                                                           ].. 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 AND
                            DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATED : SEPTEMBER 21, 2017

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

1                   Heard both sides.



2                   The petitioner preferred an application for parole on

the ground of illness of his mother on 30.5.2016. The said

application was rejected by order date. On going through the

medical certificate, it does not show that the medical problem

of the mother of the petitioner is seriod 29.10.2016. Being

aggrieved thereby, the petitioner preferred an appeal. The

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jdk 2 5.crwp.3046.17.j.doc

appeal was dismissed by order dated 18.2.2017, hence, this

petition.

3 Learned A.P.P. pointed out that as far as illness of the

mother of the petitioner is concerned, the medical certificate

which is relied upon by the petitioner of Dr. Deepak B. Tandel

dated 12.5.2016, does not show that any surgery has been

advised. No medical reports relating to the tests undergone by

the mother of the petitioner have been annexed to

substantiate that the health of the mother of the petitioner is

serious. In such case, we cannot find any fault with the

authorities in observing that the papers produced do not show

that the health condition of the mother of the petitioner is such

as to grant parole. Hence, we are not inclined to interfere.

Petition is dismissed. Rule is discharged.

[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J.]

kandarkar

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