Mohammad Raees Shehjade Ansari vs The State Of Maharashtra
2018 Latest Caselaw 919 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL WRIT PETITION NO. 4521 OF 2017

Mohammad Raees Shahjade Ansari                                                   ]
C/8218-16/1 Aurangabad Central                                                   ]
Prison, Aurangabad                                                               ].. Petitioner

                    Vs.


The State of Maharashtra                                                         ].. Respondents

                              ....
Mr. Prosper D'Souza 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

28.4.2016. The said application was rejected on 14.9.2016.

Being aggrieved thereby, the petitioner preferred an appeal.

The appeal was dismissed by order dated 28.11.2016, hence,

this petition.

3                   It is seen that the petitioner is seeking parole on the



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ground of his own illness. The Prison (Bombay Furlough and

Parole) Rules, 1959 do not provide for release of the prisoner on

the ground of his own illness, hence, it is not possible to release

the petitioner on parole on the ground of his own illness, hence,

this prayer is rejected.

4 However, the case of the petitioner is that he is

suffering from medical problems, hence, we called for the

medical report of the petitioner from jail where the petitioner is

lodged. The petitioner is at present at Mumbai Central Prison,

Mumbai. The medical report shows that he is suffering from

Grade 1 piles and chronic cough for which he has been provided

necessary treatment. The medical report is taken on record and

marked "X" for identification. In view of the medical report

also, no further orders are necessary except that the petitioner

be given medical treatment as found necessary. As stated

earlier, we are not inclined to release the petitioner on parole,

hence, rule is discharged. Petition is dismissed.

            M.S.KARNIK, J.                                                                            ACTING CHIEF JUSTICE

kandarkar




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