Allowed

Sukesh @ Sukhdev Suresh Dangat v. Principle Secretary Home Department and Ors.

Bombay HC14 Sept 2017WP/3585/2017

Case brief

AI extract

What is this about?

In a criminal writ petition, the High Court extended the petitioner's parole for an additional 30 days on humanitarian grounds. The grant was based on medical certificates requiring non-urgent surgery, even though the petitioner's medical papers indicated the fungal infection in his child might not have necessitated his immediate presence.

What did the court decide?

Extension of parole for a further period of 30 days is granted.

Sukesh @ Sukhdev Suresh Dangat Vs Principle Secretary Home… — Bail and Remand | Bombay HC (2017)

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jdk 1 6.cr.wp.3585.17.j.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3585 OF 2017

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Sukesh @ Sukhdev Suresh Dangat ] Age 32 years, residing at Laxmi Niwas ] Dangat Vasti, Kiwale, Tal. Haveli, ] Dist. Pune ].. Petitioner

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Vs.

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The Principal Secretary, ] Home Department, ] State of Maharashtra, ] Mantralaya, Mumbai ] ] 2) Divisional Commissioner, ] Pune Division, Dist. Pune ] ] 3) Deputy Superintendent ] of Police, Dehuroad Division ] Dehuroad ] ] 4) Jail Superintendent, ] Yerawada Central Jail, Pune ] ] 5) The State of Maharashtra, ] (At the instance of Dehuroad / ] Talegaon, Police Station, Pune. ].. Respondents

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Mr. Priyal G. Sarda Advocate for Petitioner Mrs. G.P.Mulekar A.P.P. for the State

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CORAM : SMT.V.K.TAHILRAMANI AND DR.SHALINI PHANSALKAR-JOSHI, JJ. DATED : SEPTEMBER 14, 2017

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jdk 2 6.cr.wp.3585.17.j.doc

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ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]:

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1 Heard both sides.

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2 The petitioner has preferred an application for parole on 19.7.2016 on the ground of medical problem of his son who is six years old. The said application and the appeal came to be rejected. By order dated 28.6.2017 of this Court, the petitioner was released on parole for a period of 30 days.

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3 The petitioner is now seeking extension of parole for a further period of 30 days. Reliance is placed on medical certificate dated 2.9.2017 issued by the Medical Officer, Primary Health Centre, Talegaon-Dabhade which shows that the petitioner is suffering from “chondrometo physeal dysplasia with progressive genu valgum”. He needs surgery in form of medial hemiepiphysidesis with corrective oestiotomy of distal femur of right side. He requires physician fitness certificate to undergo surgical procedure which is awaited.

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4 The learned A.P.P. submitted that the statement of the Doctor shows that the operation is not an emergency operation

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jdk 3 6.cr.wp.3585.17.j.doc

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and is not urgently required and the presence of the father of the child is not necessary. No doubt, the operation is not urgently required but the medical papers show that operation could not be performed in the first 30 days when the petitioner was released on parole as the Physician's fitness certificate to undergo surgery, was awaited. The child is only six years old. Looking to these facts and the medical certificate, on humanitarian ground, we extend the period of parole by a further period of 30 days. It is made clear that under no circumstances, further extension of parole will be granted. Petition is allowed. Rule is made absolute in above terms.

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[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J.]

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kandarkar

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Sukesh @ Sukhdev Suresh Dangat v. Principle Secretary Home Department and Ors.

Case brief

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Sukesh @ Sukhdev Suresh Dangat v. Principle Secretary Home Department and Ors.

Case brief

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