The Single Bench of the Bombay High Court dismissed the Criminal Writ Petition regarding the rejection of the petitioner's parole application. The Court held that given the petitioner's past overstays during previous parole and furlough, the rejection was not without basis.
Petitioner advised to apply again for parole after a period of six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 113 OF 2009
| Suresh Jagan Patil. Versus |
... | Petitioner. |
|---|---|---|
| The State of Maharashtra. | ... .... |
Respondent. |
None for the Petitioner.
Mrs. P. H.Kantharia, APP for the Respondent.
CORAM : BILAL NAZKI and ANOOP V. MOHTA, JJ. DATED : 3RD FEBRUARY, 2009.
P. C.:
The petitioner's application for release on parole on the ground that his wife was not well was rejected by the respondent. It is submitted by the learned Public Prosecutor that in 2007 when he was released on parole, he overstayed by 72 days and again in the year 2008 when he was granted furlough, he overstayed by 40 days.
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Sd/-
(BILAL NAZKI, J.)
Sd/-
(ANOOP V. MOHTA, J.)
2 issues framed by the court
Whether the rejection of the petitioner's application for parole on the ground of his wife's ill health was legally sustainable.
Whether the petitioner's history of overstaying parole and furlough periods disqualified him from parole consideration.
Suresh Jagan Patil
The State of Maharashtra
BILAL NAZKI
ANOOP V. MOHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
