Tanaji Bhikaji Gawde vs The Superintendent Of Central ...
2018 Latest Caselaw 934 Bom

 jdk                                                   1                                              8.crwp.1901.17.j.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO. 1901 OF 2017



Convict No. C-5091                                                               ]
Tanaji Bhikaji Gawade                                                            ]
At present lodged in Kolhapur                                                    ]
Central Prison, Kalamba, Kolhapur                                                ].. Petitioner

                    Vs.

The State of Maharashtra                                                         ].. Respondent



                             ....
Ms. 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 prayer of the petitioner in this petition appears to

be to grant extension of parole. The learned A.P.P. tendered the

statement of the petitioner in which he has stated that before

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the High Court he has not preferred any appeal in relation to his

parole leave and he has only prayed for furlough. As far as

prayer for furlough is concerned, the petitioner preferred Cri.

W.P. Nos. 296 of 2018 and 5294 of 2017. The said writ petitions

have been disposed of. It appears that inadvertently, this

appeal preferred by the petitioner to the Home Department,

Govt. of Maharashtra in relation to his extension of parole, has

been sent to this Court. As the appeal of the petitioner in

relation to his extension of parole which was preferred to the

Home Department, Mantralaya, Mumbai, was sent to this Court,

it was numbered as Cri. W.P. No. 1901 of 2017 i.e. the present

writ petition. In this view of the matter, original appeal of the

petitioner in this petition be replaced with a photo copy of the

same in the petition and the original be handed over to Shri.

M.D. Hore, Jailor, Grade-II, Kolhapur Central Prison, Kolhapur

who is personally present before this Court. Shri. Hore to

submit the said appeal to the Home Department, Mantralaya,

Mumbai within a period of two days. On receipt of the appeal

of the petitioner by the Home Department, Mantralaya Mumbai,

the Home Department to decide the same as expeditiously as

possible. The communication of the Superintendent, Kolhapur

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Central Prison to the Desk Officer, Home Department (Prisons-

3), Mantralaya, Mumbai dated 30.5.2017 along with the xerox

copy of the appeal are marked as "X-colly" for identification.

3 In view of the above, at this stage this Court is not

required to adjudicate on this petition, hence, Rule is

discharged. Petition is disposed of accordingly.

            M.S.KARNIK, J.                                                                            ACTING CHIEF JUSTICE

kandarkar




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