Allowed

Abhijit Bharat Babar v. State of Maharashtra and Ors.

Bombay HC19 Sept 2016WP/2125/2016

Case brief

AI extract

What is this about?

Petitioner, a convict under MCOCA detained in Kolhapur Prison, sought parole for mother's surgery. Court declined full parole release due to witness intimidation risks but ordered escorted temporary release to Mumbai hospital for two days to attend mother's bypass surgery.

What did the court decide?

Petitioner ordered to be sent under escort from Kolhapur prison to Mumbai Mahatma Jotiba Phule Nagar and then to hospital on 21st and 22nd September 2016, returning to prison on 23rd September 2016.

Abhijit Bharat Babar Vs State of Maharashtra and Ors. — Bail and Remand | Bombay HC (2016)

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jdk 1 5.crwp.2125.16.j.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2125 OF 2016

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Abhijit Bharat Babar ] Age 45 years Adult, ] Residing at Mahatma Phule Nagar ] Room No. 1076, Infront of Anil ] Decorators, IIT Market, Powai ] Mumbai 76. (Presently in Kolhapur ] Central Prison) ]..Petitioner

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Vs.

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The State of Maharashtra ] Through Home Deptt. ] Mantralaya ] ] 2. Superintendent of Prison, ] Kolhapur Central Prison, ] Kolhapur ] ] 3. Divisional Commissioner ] General Administration Deptt. ] Vidhan Bhavan, Pune ].. Respondents

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Ms. Meghna Ashok Gowalani Advocate for Petitioner Mr. H.J. Dedia A.P.P. for the State

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CORAM : SMT.V.K.TAHILRAMANI AND MRS. MRIDULA BHATKAR, JJ.

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DATED : SEPTEMBER 19, 2016

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ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:

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1 Heard both sides. Rule. Rule is made returnable

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forthwith. By consent, matter is taken up for final hearing.

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2 The petitioner had preferred an application for parole on the ground of illness of his mother. The said application came to be rejected. Being aggrieved thereby, the petitioner preferred appeal. The said appeal came to be dismissed by order dated 1.7.2015, hence, this petition.

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3 The application for parole came to be rejected on the ground that the petitioner is a convict under M.C.O.C. Act and he has also been convicted for an offence of kidnapping, hence, it is apprehended that if he is released on parole, the petitioner is likely to threaten the witnesses. Looking to the facts of this case, we are not inclined to grant parole, however, looking to the fact that the mother of the petitioner is to undergo by-pass surgery which is scheduled on 19^th / 20th or 21st September, 2016, we are inclined to release the petitioner under escort to enable him to meet his mother at the hospital.

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4 However, as today it is 19th September, 2016, it would not be possible to send the petitioner under escort who

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is at present in Kolhapur Central Prison, Kallamba, Kolhapur today itself, hence, the petitioner to be sent under escort to Room No. 819, Mahatma Jotiba Phule Nagar, I.I.T. Market, Powai, Mumbai-400076 and thereafter to the hospital on 21st and 22nd September, 2016. The escorting party to take the petitioner from Kolhapur Central Prison, Kallamba Kolhapur on 21st September, 2016 and on 23rd September, 2016 at 9.00 a.m. the escorting party shall leave with the petitioner for Kolhapur Central Prison, Kallamba, Kolhapur. The expenses of the escorting party shall be at the State's costs.

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5 In view of the above, Rule is discharged. Petition is disposed of in above terms.

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6 Office to inform this order forthwith to the Superintendent of Kolhapur Central Prison, Kallamba Kolhapur.

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[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

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kandarkar

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Abhijit Bharat Babar v. State of Maharashtra and Ors.

Case brief

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Abhijit Bharat Babar v. State of Maharashtra and Ors.

Case brief

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