Dismissed

Ramesh Krishna Bhoir through His Wife Ranjana Ramesh Bhoir v. the State of Maharashtra

Bombay HC6 Sept 2016WP/2868/2016

Case brief

AI extract

What is this about?

This petition challenged the rejection of a parole application lodged by a convict's wife due to her illness. The Court held that an appeal is an available remedy and refused to entertain the writ petition, relegating the petitioner to prefer an appeal.

What did the court decide?

Rule is discharged; petitioner is relegated to the remedy of preferring an appeal.

Ramesh Krishna Bhoir through His Wife Ranjana Ramesh Bhoir Vs… — Bail and Remand | Bombay HC (2016)

¶1

jdk 1 10.crwp.2868.16.j.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2868 OF 2016

¶3

Ramesh Krishna Bhoir ] C /5046 Presently lodged at ] Kolhapur Central Prison, Kallamba ] Kolhapur Through: His wife ] Sow. Ranjana Ramesh Bhoir ] R/o Koshane, Samarth Nagar, ] Taluka Karjat, Dist. Raigad, ] Maharashtra State ].. Petitioner

¶4

Vs.

¶5

The State of Maharashtra

¶6

]..Respondent

¶7

Ms. Rohini Dandekar Advocate appointed for Petitioner Mr. H.J. Dedia A.P.P. for the State

¶8

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

¶9

DATED : SEPTEMBER 06, 2016

¶10

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

¶11

1 Rule. Rule is made returnable forthwith. By consent,

¶12

matter is taken up for final hearing. Heard both sides.

¶13

2 The wife of convict Ramesh Bhoir has preferred this

¶14

petition praying that the convict may be granted parole on the

¶15

1 of 3

¶16

jdk 2 10.crwp.2868.16.j.doc

¶17

ground of her illness. The said application came to be rejected by order dated 24.6.2016 by the Divisional Commissioner. Being aggrieved thereby, this petition has been preferred.

¶18

3 It is contended that the application for parole was rejected only on the ground that there would be danger to the life of the complainant and witnesses. As far as this aspect is concerned, it is stated that the convict was on bail for six years and prior to this application, he was released on three occasions on parole and on two occasions on furlough. During any of these periods, there was no complaint from the complainant or witnesses about any threat to them or any assault etc. by the convict, hence, it is contended that this ground is totally erroneous.

¶19

4 However, the legal position is that against the order of rejection, the remedy of appeal is provided. The Constitution Bench of the Supreme Court in the case of Thansingh Nathmal and others Vs. Superintendent of Taxes Dubri; AIR 1964 SC 1419 has observed that if an alternate remedy is available, a writ petition should not be entertained.

¶20

2 of 3

¶21

jdk 3 10.crwp.2868.16.j.doc

¶22

In this view of the matter, we are not inclined to interfere and the convict is relegated to the remedy of preferring an appeal. However, if an appeal is preferred, the authorities to take into consideration that during earlier period when the petitioner was on bail for six years and on three occasions when he was released on parole and on two occasions when he was released on furlough, there was no threat by him to the complainant or witnesses or any untoward incident has taken place.

¶23

5 As stated earlier, as there is remedy of appeal, the convict is relegated to that remedy, we are not inclined to interfere, hence, Rule is discharged.

¶24

6 Office to communicate this order to the petitioner who is in Kolhapur Central Prison, Kallamba, Kolhapur.

¶25

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

¶26

kandarkar

¶27

3 of 3

Ramesh Krishna Bhoir through His Wife Ranjana Ramesh Bhoir v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ramesh Krishna Bhoir through His Wife Ranjana Ramesh Bhoir v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhauji Alias Bhavsingh Tulshiram Barde Vs the State of Maharashtra

Dharmaraj @ Sai Laxman Das through His Mother Jaylaxmi Laxman Das Vs the State of Maharashtra

Alfaraz Istekar Khan @ Tandan Vs the State of Maharashtra

Uday Narayan Khot Vs the State of Maharashtra and Anr.

Manoj Parshuram Dhankar Vs the State of Maharashtra

Shankar Kallappa Koli Vs the State of Maharashtra