Bombay High Court
Nitin Nathu Wadile vs State Of Maharashtra And Ors on 20 October, 2023
Bench: A.S. Gadkari, Sharmila U. Deshmukh
Patil-SR
3538-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3538 OF 2023.
Nitin s/o Nathu Wadile
(Convict No. 46559). ...Petitioner.
V/s.
The State of Maharashtra & Others. ...Respondents.
Mr. Abhishek Kulkarni and Mr. Sagar Wakale for the Petitioner.
Mr. Avinash D. Kamkhedkar, APP for the Respondent-State.
CORAM : A.S. GADKARI &
SHARMILA U. DESHMUKH, JJ.
DATE : 20th October, 2023.
P. C. :
1. Petitioner, father of Master Chinay Nitin Wadile, aged about
14 years, has invoked jurisdiction of this Court under Article 226 of the
Constitution of India, seeking emergency medical parole on the ground
that his son, who requires special care and attention, has been advised
to undergo brain tumor surgery by the K.E.M. Hospital run by the
Municipal Corporation of Greater Mumbai.
2. Record indicates that, Petitioner is convicted for the offence
punishable under sections 7, 13(1)(d) read with 13(2) of the Prevention
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of Corruption Act, 1988 by the trial Court and was sentenced to undergo
sentence for a period of 5 years. The said conviction and sentence has
been upheld by this Court in Criminal Appeal No.475 of 2013 by
Judgment and Order dated 5th May 2021. The Hon'ble Supreme Court
confirmed the conviction of Petitioner, however reduced the sentence
from 5 years to 4 years. As per the submissions of learned Advocate for
the Petitioner, the Hon'ble Supreme Court has directed the Petitioner to
undergo the sentence and since 24th April 2020, Petitioner is behind the
bars.
3. Learned Advocate for the Petitioner submitted that, the
presence of Petitioner is necessary while his son undergoes the said
complicated surgery at K.E.M. Hospital, Mumbai.
4. Present petition was called out for hearing in the morning
session. We had directed learned APP to take instructions from the
concerned and the petition thereafter is taken up for hearing in the
second session.
4.1. Learned APP on instructions from Dr. Dheeraj Arade, K.E.M.
Hospital, Mumbai submitted that, as a matter of fact on 16 th October
2023, Master Chinay has undergone the brain tumor surgery and is
presently recuperating in the hospital under the observation of doctors.
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He submitted that, the condition of son of Petitioner is presently
medically stable.
5. It is not in dispute that, the son of the Petitioner is a
differently abled person and requires special care and attention. Though
his condition is medically stable, he requires more care and attention. In
view thereof, we deem it appropriate to grant emergency medical parole
to the Petitioner for a period of 7 days from 22 nd October 2023 upto 29th
October 2023.
5.1. Hence, the following Order.
(1) Petitioner be released on emergency medical parole
from 22nd October 2023, for a period of 7 days.
(2) Petitioner shall report back to the Jail Authority on or
before 5.00 p.m. of 29th October 2023.
(3) Before his release from jail, Petitioner shall furnish cash
security of Rs.25,000/- with the Superintendent of
Nashik Road Central Prison wherein he is undergoing
sentence.
(4) If Petitioner reports back to the Jail Authority within the
stipulated period, i.e., on or before 5.00 p.m. of 29 th
October 2023, the Superintendent of Nashik Road
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Central Prison is directed to refund the said security
amount of Rs.25,000/- to the Petitioner within a period
of 3 days thereafter.
6. Petition is accordingly allowed in aforesaid terms.
7. All the concerned to act upon an authenticated copy of this
Order.
(SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.)
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Signed by: Sachin R. Patil
Designation: PS To Honourable Judge
Date: 20/10/2023 19:43:08
