Petitioner sought parole for his son's illness. High Court found medical certificates insufficient to prove serious condition despite conflicting reports, and discharged the rule refusing interference.
The rule is discharged; the Court is not inclined to interfere with the dismissal of the parole appeal.
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13. cri wp 27717.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 277 OF 2017
Subhash Hiralal Bhosale
Petitioner
Versus
The State of Maharashtra & Anr.
Respondents
| Appearances | |
|---|---|
| Mr. D.G. Khamkar | Advocate for the Petitioner |
| Mrs. G.P. Mulekar | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : APRIL 4, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
20.12.2014. Parole was sought on the ground of illness of
his son. The said application was rejected by order dated
7.5.2015. Being aggrieved thereby, the petitioner preferred
an appeal. The appeal was dismissed by order dated
30.4.2016, hence, this petition.
jfoanz vkacsjdj 1 of 3
13. cri wp 27717.doc
issued by Dr. Arun Bhute of Dr. Bhute Nursing Home wherein it is stated that the son of the petitioner requires heart surgery. Learned APP brought to our notice a certificate issued by Aditya Birla Hospital which shows that the son of the petitioner was operated for heart problem in the said hospital on 26.5.2009. However, the learned counsel for the petitioner submitted that the heart surgery was not done properly in Aditya Birla Hospital, hence, the son of the petitioner requires further heart surgery.
Bhute of Dr. Bhute Nursing Home which shows that the son
jfoanz vkacsjdj 2 of 3
13. cri wp 27717.doc
of the petitioner requires heart surgery. However, the learned APP has produced a statement of Dr. Arun Bhute which was recorded by the Police of Hinjewadi Police Station on 13.2.2017. In the said statement, Dr. Bhute has stated
that the son of the petitioner has not been admitted in his hospital for any treatment since 2012. We have asked the petitioner to produce any medical report or medical test report to support his contention that the son of the petitioner requires surgery, however, he has not been able to produce any such report. In this view of the matter, we cannot find any fault with the Authorities who have stated that the medical certificate did not show that the illness was of a serious nature. Hence, we are not inclined to interfere, rule is discharged.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
jfoanz vkacsjdj 3 of 3
1 issue framed by the court
Whether to interfere with the rejection of the petitioner's parole application based on medical certificates which were not found to show serious illness.
Subhash Hiralal Bhosale
The State of Maharashtra
V.K. Tahilramani
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
