Dismissed

Mohd. Mohatsim Khalil Gada v. the State of Maharashtra

Bombay HC4 May 2016WP/5007/2015

Case brief

AI extract

What is this about?

This is an oral order allowing a Writ Petition challenging a parole delay. The court found the application remained undecided due to a pending external police report. The petition was dismissed as the prayer could not be granted pending receipt of said report.

What did the court decide?

Petition for parole not granted; authority directed to consider application expeditiously upon receipt of the missing police report from Saharanpur.

Mohd. Mohatsim Khalil Gada Vs the State of… — Pension and Retirement Benefits | Bombay HC (2016)

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RMA

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 5007 OF 2015

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Mohd. Mohatsim Khallil Gada

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.. Petitioner

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Versus

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The State of Maharashtra

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.. Respondent

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Appearances

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Mr. Sachin Chandan Advocate for the Petitioner Mr. H.J. Dedia APP for the State

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CORAM : SMT. V.K. TAHILRAMANI &

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SMT. ANUJA PRABHUDESSAI, JJ.

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DATE : MAY 4, 2016.

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

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Rule. By consent, Rule is made returnable forthwith.

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The grievance of the petitioner is that he preferred an

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application for parole in October 2014. The said application has not yet been decided by the concerned Authority i.e

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Divisional Commissioner, Nashik Division.

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3. The affidavit of Shri. Vijay Sonar, Nayab Tahsildar in the

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office of Divisional Commissioner of Nashik shows that the petitioner preferred an application for parole on the ground of illness of his father which was received by the Superintendent of Nashik Road Central Prison on 20.10.2014. The said application was forwarded by the Superintendent of Nashik Road Central Prison to the office of Divisional Commissioner , Nashik on 7.11.2014. As the petitioner in the application for parole had mentioned that he was going on parole leave at his native place at Gram Bhulni, Post Baroli, Tahsil Behad, Dist. Saharanpur in the State of U.P., the Superintendent of Nashik Road Central Prison vide letter dated 6.11.2014 called for the report from the Superintendent of Police at Saharanpur.

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On 19.6.2015, the office of the Divisional

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Commissioner, Nashik received a letter from the Superintendent of Nashik Road Central Prison along with Police Report dated 6.6.2015 which was sent by the

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Additional District Magistrate, Saharanpur. On going through the report dated 6.6.2015, though in the subject column it was mentioned that it was regarding parole leave, however, in paragraph No. 1 of the said letter, reference was made to the application for furlough leave bearing No. 5814/15. It may be mentioned at this stage that the petitioner had already preferred an application for furlough on 30.3.2015.

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In this matter also, Police Report was called from Saharanpur. In the affidavit, it is further stated that in the said report dated 6.6.2015, it was mentioned that there is no case pending against the petitioner, however, if the petitioner is released, there is every possibility that he may commit an offence or abscond during the furlough leave period. On going through the report dated 6.6.2015 of the Additional District Magistrate, Saharanpur, the office of the Divisional Commissioner, Nashik came to the conclusion that

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the report does not pertain to the application of the petitioner for parole leave dated 20.10.2014 but it pertains

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to the application for furlough. This was more so because

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while calling for Police Report from Saharanpur, request was made to make immediate inquiry and to ascertain whether the ground in the parole application (illness of father) is genuine. Copy of medical certificate of the father of the petitioner was sent along with letter dated 6.11.2014. However, there was no reference in the report dated 6.6.2015 regarding medical certificate or illness of the father

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of the petitioner. Hence, the office of the Divisional Commissioner, Nashik Division wrote a letter to the Superintendent of Nashik Road Central Prison informing him about the above facts and calling upon him to again call for the Police Report from the Superintendent of Police, Saharanpur in respect of the application of the petitioner for parole leave dated 20.10.2014. Pursuant to the said directions, the Superintendent of Nashik Road Central Prison vide letter dated 25.9.2015 again called for Police Report from Superintendent of Police at Saharanpur, however, no report was received. Hence, two reminders were sent to Saharanpur dated 16.2.2016 and 25.2.2016, however, till

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date, no Police Report is received from the Superintendent of Police at Saharanpur. It is stated that in view of these facts,

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the application of the petitioner for parole could not be decided.

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In view of the above facts, the only direction that can be given is that as soon as report is received from Saharanpur, the concerned Authority here to consider the same expeditiously. Thus, the prayer of the petitioner for parole in this petition cannot be granted at this stage. Rule is discharged.

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[ SMT. ANUJA PRABHUDESSAI, J ] [ SMT. V.K. TAHILRAMANI, J. ]

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Mohd. Mohatsim Khalil Gada v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohd. Mohatsim Khalil Gada v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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