On a criminal writ petition, the Bombay High Court allowed the petitioner's appeal against the rejection of a parole application. The Court granted parole for 30 days citing the petitioner's mother's critical health needs requiring surgery.
Release of the petitioner on parole for a 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.
19. cri wp 444-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 444 OF 2017
Bistappa Yallappa Bandargali .. Petitioner
Versus
The State of Maharashtra
.. Respondent
Appearances
Ms. Rohini Dandekar Advocate (appointed) for the Petitioner Mrs. G.P. Mulekar APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
REVATI MOHITE DERE, JJ.
DATE : FEBRUARY 22, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
on the ground of illness of his mother. The said application
came to be rejected by order dated 18.4.2015. Being
aggrieved thereby, the petitioner preferred an appeal. The
said appeal was dismissed by order dated 3.9.2016, hence,
this petition.
jfoanz vkacsjdj 1 of 4
19. cri wp 444-17.doc
In addition, no medical papers have been annexed.
time of making the application for parole. If the authorities
take more than one year to decide the application, the petitioner cannot be blamed for the same. It is not expected that the petitioner will furnish a fresh medical certificate every month till the time that his application for parole is
decided.
jfoanz vkacsjdj 2 of 4
19. cri wp 444-17.doc
released on furlough and he has reported back on his own to
the prison though one day late. During the period that the petitioner was on furlough, he has not flouted any conditions or indulged in any illegal activity. Looking to all these facts, we are inclined to grant parole to the petitioner.
jfoanz vkacsjdj 3 of 4
19. cri wp 444-17.doc
days on usual terms and conditions as set out by the competent authorities.
jfoanz vkacsjdj 4 of 4
1 issue framed by the court
Whether parole should be granted to the petitioner considering his mother's medical condition.
Bistappa Yallappa Bandargali
The 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
