Jaideep Jaywant Salvi vs The Commissioner Of Police And Ors
2018 Latest Caselaw 519 Bom

                                                                                  15. cri wp 4933-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL WRIT PETITION NO. 4933 OF 2017


            Jaideep Jaywant Salvi                                         .. Petitioner

                                 Versus
            The State of Maharashtra & Ors.                               .. Respondents

                                                  ...................
            Appearances
            Mr. Rahul Arote Advocate for the Petitioner
            Mr. Arfan Sait APP for the State
                                                   ...................



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

DATE : JANUARY 16, 2018.

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

1. Heard both sides.

2. The petitioner preferred an application for parole on

24.8.2016 on the ground of illness of his mother. The said

application was rejected by order dated 16.6.2017. Being

aggrieved thereby, the petitioner preferred an appeal. The

appeal was dismissed by order dated 31.7.2017. The

petitioner has prayed that these orders be set aside and he

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be granted parole.

3. On perusal of the order of rejection, it shows that the

application of the petitioner for parole was rejected only on

the ground that if the petitioner is released on parole, there

would be danger to the lives of witnesses and their families.

However, as far as the appellate order is concerned, it is

entirely on different ground that the appeal has been

dismissed. The appeal has been dismissed on the ground

that the petitioner relied on the medical certificate which was

10 months old and hence, it was not possible to know the

current state of health of the mother of the petitioner. Thus,

it is seen that the order of rejection and the appellate order

are on entirely different grounds. They are not in

consonance with each other, hence, we set aside the orders

dated 16.6.2017 and 31.7.2017.

4. The Authority to decide the application of the petitioner

dated 24.8.2016 afresh. Liberty to the petitioner to submit

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fresh medical certificate relating to illness of his mother.

After fresh medical certificate is submitted, the application to

be decided as expeditiously as possible by the Competent

Authority.

5. Rule is made absolute in the above terms.

[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]




jfoanz vkacsjdj                                                         3 of 3