Bombay High Court
Ronald James Alvares vs The State Of Maharashtra on 24 January, 2018
jdk 1 3.cr.wp.2364.13.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2364 OF 2013
Ronald James Alvares ]
(Presently serving sentence ]
of life imprisonment at Kolhapur ]
Central Prison as convict prisoner ]
No. C-3100) ].. Petitioner
Vs.
The State of Maharashtra ]
Home Department Mantralaya, ].. Respondent
....
Mrs. Rohini Dandekar Advocate appointed for Petitioner
Mrs. G.P. Mulekar A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J.
AND M.S.KARNIK, J.
DATED : JANUARY 24, 2018
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, ACJ.]:
1 Heard both sides.
2 The petitioner preferred an application for parole on
the ground of illness of his wife. The said application was
granted by the Government by order dated 1.12.2012. By the
said order, he was granted parole for a period of 30 days.
Pursuant to the said order, the petitioner was released on parole
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on 16.1.2013 for a period of 30 days. Thereafter the petitioner
preferred the first application for extension of parole for a
further period of 30 days. The said application was granted by
the Government by order dated 1.3.2013. By the said order, the
parole was extended for a period of one month i.e. from
16.2.2013 to 17.3.2013. Thereafter on 1.3.2013 the petitioner
preferred the second application for extension of parole for a
further period of 30 days. The said application was rejected by
order dated 19.3.2013. Being aggrieved thereby, the petitioner
has preferred this petition.
3 It is seen that the second application of parole was
preferred within time. The said application was preferred on the
ground that the wife of the petitioner was suffering from left
ovarian cyst which was bleeding and there was necessity of
surgery. Reliance is placed by the petitioner on medical
certificate dated 1.3.2013 issued by the Medical Officer of
Ambarnath Municipal Council hospital. It is also noticed that as
soon as the extended period of 30 days got over, the petitioner
surrendered to the prison on his own. The petitioner
surrendered on 17.4.2013. It is stated that the conduct of the
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petitioner in prison is good.
4 Looking to the medical certificate and other facts and
circumstances of this case, on humanitarian ground, we are
inclined to extend the period of parole from 18.3.2013 to
17.4.2013. Prison punishment if any imposed on account of
overstay, is set aside. Security deposit forfeited if any, be
returned back to the petitioner.
5 Rule is made absolute in above terms. Petition is
disposed of. Office to communicate this order to the petitioner
who is in Kolhapur Central Prison, Kolhapur.
M.S.KARNIK, J. ACTING CHIEF JUSTICE
kandarkar
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