In this parole petition alleging illness of the petitioner's mother, the Court rejected the application. It held that the petitioner's prior parole application was rightly dismissed due to lack of emergency surgery and his past misconduct involving unauthorized absence from furlough.
Parole application rejected; rule discharged.
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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vidya
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2479 OF 2015
Bhausaheb Ankush Gade ... Petitioner vs. The State of Maharashtra ... Respondent
Mrs. Nasreen S.K. Ayubi, Advocate appointed for the petitioner. Mrs. A.S. Pai, APP for the respondent/State.
CORAM: MRS. V.K. TAHILRAMANI & MRS. MRIDULA BHATKAR, JJ.
JUNE 7 , 2016.
ORAL ORDER (Per Mrs. V.K. Tahilramani, J.)
Heard both sides. Rule. By consent, rule is made returnable forthwith.
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4.wp2479_2015
was only asked to get herself checked from Oncosurgeon. The medical papers annexed by the petitioner did not show that the mother of the petitioner was required to be operated or was advised any treatment in relation to cancer. Hence, the Appeal was dismissed. Moreover, it is seen that earlier when the petitioner was released on furlough on 3rd September, 2012, he did not report back in time. Ultimately, he had to be traced and arrested by the police and brought back to the prison. On this occasion, there was overstay on the part of the petitioner of 194 days. In view of all these facts, the Application of the petitioner for parole was rejected and the Appeal was dismissed.
the medical certificate relied upon by the petitioner. Hence, we are not inclined to grant parole.
Road Central Prison. The fees to be paid to the appointed counsel are quantified at Rs.2,000/-.
(MRS. MRIDULA BHATKAR,J.) (MRS. V.K. TAHILRAMANI, J.)
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1 issue framed by the court
Whether to grant parole to the petitioner on the ground of his mother's illness.
Bhausaheb Ankush Gade
The State of Maharashtra
V.K. Tahilramani
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
