Bombay High Court
Mohd. Yakub Patel S/O Khajamiya ... vs The State Of Maharashtra on 24 February, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
1 978-CriWP-175-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 175 OF 2021
Mohd. Yakub Patel S/o Khajamiya Patel,
Age: 58 years, Occu: Agriculture,
R/o : Permanent Address Deshmukh Nagar,
Billoli, Nanded. ... Petitioner
versus
State of Maharashtra
Through Superintendent
Harsul Jail, Aurangabad. ... Respondent
...
Mr. Rupesh A. Jaiswal, Advocate for petitioner
Smt. V.N. Patil-Jadhav, APP for respondent
...
CRIMINAL WRIT PETITION NO. 1671 OF 2019
Mohd Ishtak S/o Mohd. Yakub Patel (C-8536)
Central Prison Aurangabad ... Petitioner
versus
1. The State of Maharashtra
Through Divisional Commissioner,
Aurangabad.
2. The State of Maharashtra
Through Superintendent Central Prison,
Aurangabad. ... Respondents
...
Mr. Rupesh A. Jaiswal, Advocate for petitioner
Mr. A.A. Shinde, APP for respondents
...
CORAM : T. V. NALAWADE AND
M. G. SEWLIKAR, JJ.
DATE : 24th FEBRUARY, 2021
ORAL JUDGMENT ( Per : T.V. Nalawade ) :-
Rule. Rule made returnable forthwith.
2 978-CriWP-175-21.odt
2. Learned counsel for the petitioners was already heard though he is
not present today. This Court had already made order on 22-02-2021,
which reads as follows:
"Learned counsel Shri Jaiswal submits that the death
parole is granted but it is of seven days. He submits that
petitioners belong to Mohammedan community and the
last day of the rituals as per Muslim religion is 40 th day
and that will be on 27-02-2021. In view of the peculiar
circumstance, the respondent may consider the extension
of the parole upto 28-02-2021 and that will make total
period of 12 days. As the matter is from Aurangabad
itself, stand over to 24-02-2021. As the period will expire
on 26-02-2021, on 24-02-2021 some statement is to be
made and on that day the proceeding will be disposed of."
3. The petitioners are Muslim persons and they want death parole on
the ground of death of grand-mother of the prisoner-Mohd Ishtak S/o
Mohd Yakub Patel. Respondents have already granted parole of the period
of 17th February, 2021 to 25th February, 2021. On 25th February, 2021
they are supposed to return to the jail. Submissions were made for the
petitioners that on 27th February, 2021 it will be 40th day after death of
grand-mother of the prisoner. In Muslim community as per information
supplied 40th day is the last day of rituals and on that day relatives need
to remain present. It appears that maximum period of 14 days is fixed in
the rules as per the period required for rituals in Hindu community, when
the death takes place in Hindu family. If period is extended upto 28 th
February, 2021 the total period of death parole will be 12 days. The copy
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of death certificate of Ahamadbi W/o Khajamiya is on record. It shows
that death of grandmother of prisoner took place on 22-01-2021. As per
said death certificate, 40th day will not be in the month of February and it
may go upto March, 2021. Though this circumstance is there, learned
counsel Mr. Jaiswal for petitioners submits that last rituals will be on 27 th
February, 2021 and due to these circumstances we hold that direction
needs to be given to the respondents to see that death parole is extended
upto 28th February, 2021 and such direction is hereby given by this Court
in the present matters and death parole is extended from 25 th February to
28th February, 2021. This Court is expecting that State Government and
jail authority shall consider such peculiar circumstances as in different
communities, there are different rituals and different periods. Send a copy
to Home Department of State Government for consideration and change
in the Rules.
4. With these directions, the Criminal Writ Petitions stand disposed of.
Rule is made absolute in those terms.
[ M. G. SEWLIKAR ] [ T. V. NALAWADE ]
JUDGE JUDGE
MTK
