Petitioner, a prisoner on parole, sought extension due to post-angioplasty recovery needs. The High Court granted a 30-day extension on humanitarian grounds.
Parole period increased by a further period of 30 days.
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.
jdk 1 6.crwp.396.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 396 OF 2017
Shakir Ahmed Abdul Hamid Khan ] @ Kalu, Aged 64 years, Occ: Business ] Residing at 51 / 53 Kokani Chawl, ] First Floor, Room Nos. 31 and 32 ] Chandramani Buddha Vihar Marg, ] Nagpada, Mumbai – 400 008 ].. Petitioner
Vs.
Mr. Rahul Arote Advocate for Petitioner Mrs. G.P.Mulekar A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND REVATI MOHITE DERE, JJ.
DATED : FEBRUARY 06, 2017
ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI,J. ]
1 Heard both sides. Rule. Rule is made returnable
forthwith. By consent, matter is heard finally.
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jdk 2 6.crwp.396.17.j.doc
2 By order dated 23.11.2016 the petitioner was granted parole on the ground of illness of his wife i.e. his wife was required to undergo knee surgery.
3 The case of the petitioner is that after he was released on parole, he had complaints of heart problem, hence, he was admitted in hospital and his angioplasty was performed in J.J. Hospital Mumbai on 30.1.2017. On the date of preferring this petition for extension of parole, the petitioner was still in hospital, hence, it is prayed that extension of parole be granted.
4 The learned A.P.P. has produced the report dated 3.2.2017 of the Senior Police Inspector of J.J. Marg Police Station, Mumbai. The report shows that angioplasty was performed on the petitioner on 30.1.2017. The learned A.P.P. states that within a period of seven days from the date of angioplasty a person is able to resume his normal duties. It is seen that it is an admitted fact that angioplasty was performed on the petitioner on 30.1.2017 and thereafter, the petitioner
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jdk 3 6.crwp.396.17.j.doc
was in hospital till 2.2.2017. In this view of the matter, on humanitarian ground, we are inclined to increase the period of parole by a further period of 30 days. Order accordingly.
5 Rule is made absolute accordingly in above terms. Petition is disposed of.
[ REVATI MOHITE DERE, J. ] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
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1 issue framed by the court
Whether extension of parole should be granted on humanitarian grounds due to the petitioner's post-operative heart condition.
Shakir Ahmed Abdul Hamid Khan
Superintendent of Prisons
Divisional Commissioner
State of Maharashtra
V.K. Tahilramani
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
