Criminal Writ Petition challenging rejection of petitioner's parole application sought for mother's surgery; Court found furlough sufficient and no case for interference.
Rule discharged; parole application rejected for want of material.
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3. cri wp 202-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 202 OF 2017
Mohd. Irfan Istiyakh Shaikh
.. Petitioner
Versus
The State of Maharashtra & Ors.
.. Respondents
Appearances
Mr. Rahul Arote Advocate for the Petitioner Mr. H.J. Dedia APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
REVATI MOHITE DERE, JJ.
DATE : FEBRUARY 2, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
returnable forthwith and the matter is heard finally.
28.3.2016 on the ground that his mother was required to
undergo spinal cord surgery. The said application was
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3. cri wp 202-17.doc
rejected by order dated 17.6.2016. Being aggrieved thereby,
the petitioner preferred an appeal. The appeal was
dismissed by order dated 19.9.2016, hence, this petition.
certificate dated 1.3.2016. It is seen that thereafter, the petitioner was released on furlough on 25.6.2016 for a period of 28 days. Surgery could very well been performed during that time. In addition, the order of rejection shows that the younger brother of the petitioner is going to stand surety for the petitioner. In such case, the younger brother of the petitioner can very well take care of the mother of the petitioner.
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3. cri wp 202-17.doc
performed and looking to the fact that the brother of the petitioner is very much there to take care of the mother of the petitioner, we do not think this is a fit case to grant parole. No case is made out for interference. Rule is discharged.
[ REVATI MOHITE DERE, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
jfoanz vkacsjdj
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Mohd. Irfan Istiyakh Shaikh
The State of Maharashtra
Smt. V.K. Tahilramani
Revati Mohite Dere
As recorded by the court registry
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