A criminal writ petition challenging the rejection of a parole application due to the petitioner's mother's illness. The court held that the medical certificate relied upon did not establish a serious condition warranting parole, and thus the authorities were correct in rejecting the request.
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jdk 1 5.crwp.3046.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3046 OF 2017
Sandeep Ramesh Gaikwad ] C-8548, Nasik Road Central Prison, ] Nasik
].. Petitioner
Vs.
The State of Maharashtra
].. Respondent
Mr. Prosper D'Souza Advocate appointed for the Petitioner Mr. Arfan Sait A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND DR.SHALINI PHANSALKAR-JOSHI, JJ.
DATED : SEPTEMBER 21, 2017
ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.] :
2 The petitioner preferred an application for parole on the ground of illness of his mother on 30.5.2016. The said application was rejected by order date. On going through the medical certificate, it does not show that the medical problem of the mother of the petitioner is seriod 29.10.2016. Being aggrieved thereby, the petitioner preferred an appeal. The
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jdk 2 5.crwp.3046.17.j.doc
appeal was dismissed by order dated 18.2.2017, hence, this petition.
3 Learned A.P.P. pointed out that as far as illness of the mother of the petitioner is concerned, the medical certificate which is relied upon by the petitioner of Dr. Deepak B. Tandel dated 12.5.2016, does not show that any surgery has been advised. No medical reports relating to the tests undergone by the mother of the petitioner have been annexed to substantiate that the health of the mother of the petitioner is serious. In such case, we cannot find any fault with the authorities in observing that the papers produced do not show that the health condition of the mother of the petitioner is such as to grant parole. Hence, we are not inclined to interfere. Petition is dismissed. Rule is discharged.
[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
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1 issue framed by the court
Whether parole should be granted on the ground of the illness of the petitioner's mother given the insufficiency of supporting medical evidence.
Sandeep Ramesh Gaikwad
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
