In this criminal writ petition, the High Court granted parole to the petitioner for 45 days on humanitarian grounds, considering his wife's need for spine surgery, despite a history of parole overstay.
Parole released for a period of 45 days on usual terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
11. cri wp 2988-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2988 OF 2017
Ramesh Marutrao Patil
.. Petitioner
Versus
The State of Maharashtra & Ors.
.. Respondents
Appearances
Mr. D.G. Khamkar Advocate for the Petitioner Mrs. G.P. Mulekar APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
DR. SHALINI PHANSALKAR-JOSHI, JJ.
DATE : SEPTEMBER 25, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
APP for the State.
28.12.2016 on the ground of illness of his wife. The said application was rejected by order dated 17.2.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 29.6.2017, hence, this
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11. cri wp 2988-17.doc
petition.
two years of the petitioner is that on 11.12.2014, he was
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released on furlough and he reported back to the prison on
due date on his own. Thereafter on 25.7.2016, the
petitioner was released on furlough and he reported back on the due date to the prison on his own. The petitioner was released on parole on 24.9.2015 and he reported back on his own to the prison but two days late.
wife of the petitioner is concerned, the wife does have a
problem in spine for which she requires to undergo surgery. The genuineness of the medical certificate which is relied by
the petitioner to show that his wife requires surgery is not disputed. Looking to this fact and the conduct of the petitioner during the past couple of years as well as the fact
that the conduct of the petitioner in prison is good, on humanitarian ground, we are inclined to grant parole to the petitioner.
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11. cri wp 2988-17.doc
45 days on usual terms and conditions as set out by the concerned Authorities. Rule is made absolute in the above terms.
[ DR. SHALINI PHANSALKAR-JOSHI, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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3 issues framed by the court
Whether parole should be granted to a convicted person with a history of parole abuse for the illness of his wife.
How the High Court should weigh humanitarian grounds against past overstay of parole periods.
What period of parole should be granted on humanitarian considerations.
Ramesh Marutrao Patil
The State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
