Writ petition allowing release of a prisoner on parole for 30 days due to the serious medical condition of his wife, after the lower authorities rejected the application based on outdated and unsigned certificates.
Order to release the petitioner on parole for a period of 30 days on usual terms and conditions.
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.
2. cri wp 3010-16.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3010 OF 2016
Abdul Asaroddin Shaikh
.. Petitioner
Versus
The State of Maharashtra
.. Respondent
Appearances
| Ms. Rohini Dandekar | Advocate (appointed) for the Petitioner |
|---|---|
| Mr. Arfan Sait | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI &
MRS. MRIDULA BHATKAR, JJ. DATE : SEPTEMBER 28, 2016.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
4.5.2015 on the ground of illness of his wife. The wife of the petitioner was in the State of U.P., hence, report was called
from the State of U.P.. This took some time. After the report
was received, it along with other facts and circumstances
was considered and the application of the petitioner was
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rejected by order dated 15.2.2016. Being aggrieved thereby, the petitioner preferred an appeal. The appeal came to be dismissed by order dated 10.06.2016.
rejected on the ground that the medical certificate of the wife of the petitioner was dated 8.4.2015 i.e it was one year
old certificate and from the said certificate, the seriousness
and the present condition of the health of the wife of the petitioner could not be made out. Moreover, the certificate did not have signature of the Doctor or seal. However, we find that the said certificate does have the signature of the Doctor and the said certificate is on the letterhead of the clinic. In addition, the petitioner has annexed the latest medical certificate of the wife of the petitioner dated 8.4.2016 which shows that she has prolapse of uterus, PID and fibroid in uterus, hence, she has been advised surgery. The genuineness of this certificate has not been assailed.
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is in Nasik Road Central Prison.
quantified at Rs. 2,500/-.
[ MRS. MRIDULA BHATKAR, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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1 issue framed by the court
Whether the petitioner's parole application should be allowed given the medical condition of his wife and his conduct record.
Abdul Asaroddin Shaikh
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
