Aadil S/O Rafique Shaikh vs The State Of Maharashtra
2022 Latest Caselaw 3503 Bom

                                                                13. IA.1008.22 _APEAL-1192-12.doc

S.S.Kilaje
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                            INTERIM APPLICATION NO. 1008 OF 2022
                                             IN
                              CRIMINAL APPEAL NO. 1192 OF 2012

             Aadil S/o. Rafique Shaikh                                 .. Applicant
                        Versus
             State of Maharashtra                                      .. Respondent

                                         ....................
              Mr. Rupesh A. Jaiswal for the Applicant
              Ms. M. M. Deshmukh, APP for the State
                                      ...................

                                             CORAM : SMT. SADHANA S. JADHAV &
                                                     MILIND N. JADHAV, JJ.

                                             DATE       : MARCH 30, 2022

             P.C.:

1. The Applicant / Appellant herein has been convicted by this

Court in Criminal Appeal No. 1192 of 2012 vide Judgment and Order

dated 11.03.2022. After pronouncement of the Judgement, it was

noticed that the convict i.e. the Applicant was on emergency parole

due to Pandemic. Learned counsel Ms. Farhana Shah has submitted

that sufficient time be granted to the Applicant to surrender.

2. Learned counsel submits that as on today the Government has

not withdrawn the Notification granting emergency parole in view of

the Pandemic situation and that there is a specific provision in the

Notification that there shall be extension of emergency parole unless

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13. IA.1008.22 _APEAL-1192-12.doc

the Notification is withdrawn. The Learned APP is unable to state as

to when the Notification would be withdrawn.

3. The learned counsel for the Applicant submits that the wife of

the Applicant is carrying pregnancy of 7 months. She has been

advised bed-rest and certain complications. There is no one to look

after her. The learned counsel has placed on record certificate issued

by one Dr.Shiban Sayyed who is a Physician and Surgeon which shows

that there is a history of Amenorrhea.

4. In view of the above and considering the request of the learned

counsel for the Applicant, this Court grant 4 week's time i.e. upto

25.04.2022 for the Applicant to surrender before the appropriate

Court. It is made clear that there shall be no further extension of time.

The Application is disposed of.

[ MILIND N. JADHAV, J. ] [SMT. SADHANA S. JADHAV, J.]

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