Petitioner, a prisoner on parole whose extension was initially rejected due to wife's illness was granted parole extension by 16 days after considering medical certificate showing serious illness and petitioner's late surrender.
Parole leave extended by 16 days to cover late surrender period.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3250 OF 2013
Dagadu Chavdas Barhate .. Petitioner
Versus
The State of Maharashtra
.. Respondent
Appearances None present for the Petitioner Mr.H.J. Dedia APP for the State
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. & DR. SHALINI PHANSALKAR-JOSHI, J.
DATE : DECEMBER 17, 2015.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. The petitioner has preferred this petition through jail,
hence, Advocate Ms. B. Sharada was appointed by the Legal
Aid Committee to represent the petitioner in this petition,
however, she is not present, hence, we cancel appointment of Advocate Ms. B. Sharada and instead, we appoint Advocate Mr. Abhaykumar Apte who is on the panel of Advocates of High Court Legal Services Committee, Bombay
to represent the petitioner in this petition.
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leave came to be granted. Thus, the petitioner had to surrender on 9.6.2013, however, the petitioner preferred another application for extension of parole on the ground of illness of his wife. The said application came to be rejected as the illness of the wife of the petitioner did not appear to
be serious from the medical certificate produced by the petitioner.
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there was history of rupture of appendix. From the medical certificate, it appears that the illness of the wife of the petitioner was serious, hence, the concerned authorities ought to have considered the medical certificate and granted further extension of parole.
that is late by 16 days in surrendering back to the prison. Looking to the facts that the illness of the wife of the petitioner is serious and the petitioner had himself surrendered back to the prison after 16 days, the parole leave of the petitioner is extended by 16 days. Rule made absolute in above terms.
is in Nashik Road Central Prison.
[ DR. SHALINI PHANSALKAR-JOSHI, J ] [ ACTING CHIEF JUSTICE ]
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1 issue framed by the court
Whether the applicant should be granted relief when medical certificate shows wife's illness was serious despite initial parole extension rejection.
Dagadu Chavdas Barhate
The State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
