Allowed

Anwar Abdul Aziz Pathan v. the State of Maharashtra

Bombay HC30 Nov 2016WP/3860/2016

Case brief

AI extract

What is this about?

Petitioner, convicted prisoner at Yerawada Prison, filed a writ petition seeking parole for thirty days due to his mother's critical illness. Despite a prior rejection based on witness safety concerns, the bench weighed the medical urgency and the petitioner's clean track record on previous furloughs and paroles. Parole granted.

What did the court decide?

Petitioner granted parole for thirty days upon usual terms and conditions.

Anwar Abdul Aziz Pathan Vs the State of Maharashtra — Service and Employment | Bombay HC (2016)

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jdk 1 13.crwp.3860.16.j.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 3860 OF 2016

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Anwar Abdul Ajij Pathan ] C-582, Yerawada Open Prison, ] Pune ].. Petitioner

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Vs.

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The State of Maharashtra ]..Respondent

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Mrs. Nasreen S.K. Ayubi Advocate appointed for Petitioner Mr. Arfan Sait 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 : NOVEMBER 30, 2016

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

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1 Heard both sides.

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2 The petitioner preferred an application for parole on the ground of illness of his mother. The application came to be rejected by order dated 15.1.2016. Being aggrieved thereby,

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the petitioner preferred an appeal. The appeal was dismissed

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jdk 2 13.crwp.3860.16.j.doc

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on 3.9.2016, hence, this petition.

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3 The application of the petitioner for parole came to be rejected on two grounds i.e. police report is adverse and it states that there is danger to the life of the witnesses and there is apprehension that petitioner may abscond. We have perused the record relating to the petitioner in the jail. The record shows that the petitioner was released on furlough from 5.9.2015 to 2.10.2015 and he surrendered back to the prison in time. Thereafter he was released on furlough from 30.10.2016 to 26.11.2016 and he reported back to the prison in time. The petitioner was also released on parole on 28.8.2014 and he reported back to the prison in time. It is not pointed out that any adverse incident took place during the period that the petitioner was on furlough or parole. Moreover, the medical certificate relied on by the petitioner to seek parole is not doubted. The medical certificate shows that the mother of the petitioner is suffering from Dis-functional Uterine Bleeding with Anemia and Mesentric Lymph Node and she requires surgery as soon as possible. Looking to all these facts, we are inclined to grant parole to the petitioner. The petitioner

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jdk 3 13.crwp.3860.16.j.doc

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be released on parole for a period of thirty days on the usual terms and conditions as set out by the competent authority. Petition is allowed. Rule is made absolute in above terms.

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4 Office to communicate this order to the petitioner who is in Yerawada Central Prison, Pune.

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

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kandarkar

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Anwar Abdul Aziz Pathan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anwar Abdul Aziz Pathan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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