The High Court at Aurangabad exempted the petitioner from appearing personally for his mother's stable medical treatment. The court ordered the prison authorities to decide the petitioner's parole extension application within one week.
Order for extension of parole leave to be decided by respondent Nos. 2 and 3 within one week.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 679 OF 2016
(Bhanudas Damodhar Davane Vs. The State of Maharashtra)
Mrs. Vidya Narale, Advocate (appointed) for
the petitioner
Mr. A.R. Borulkar, A.P.P. for respondent
CORAM :S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : 23rd August, 2016
PER COURT:
We have heard the learned counsel for the
petitioner and the learned A.P.P. for the State.
2.The perusal of the report dated 10th August,
2016, received from the District Civil Hospital, Thane,
reveals that all the investigation reports of the
patient – Mrs. Usha Damodhar Davane i.e. the mother of
the petitioner are within normal limits. The opinion
expressed by the Medical Officers of the said Civil
Hospital is that the patient – the mother of the
petitioner has Hypertension with Diabetes Mellitus under
control and having Acid Peptic Disease which can be
treated by medication. In that view of the matter, we
are satisfied that the presence of the petitioner, as
2 criwp679-2016
stated by him for medical treatment of his mother, is
not necessary.
3.However, we are inclined to direct respondent
Nos. 2 and 3 to decide the pending application of the
petitioner for extension of the parole leave in
accordance with law, as expeditiously as possible;
however, within one week from today and communicate the
said decision to the petitioner.
4.The writ petition stands disposed of in the
above terms.
5.Since Mrs. Vidya Narale, learned counsel was
appointed as Amicus Curiae to defend the petitioner in
this petition through the High Court Legal Services Sub
Committee, Aurangabad, her fees be paid by the said
Committee as per the Schedule of Fees maintained by the
said Committee.
[ SANGITRAO S. PATIL ] [S.S. SHINDE] JUDGE JUDGE
npj/criwp679-2016
2 issues framed by the court
Whether the petitioner's presence for the mother's medical treatment is necessary when her conditions are stable.
Whether prison authorities must decide the pending extension of parole leave application expeditiously.
Bhanudas Damodhar Davane
The State of Maharashtra
S.S. Shinde
Sangitrao S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court