Partly allowed

Vijay Sudam Wagh v. the State of Maharashtra and Anr.

Bombay HC1 Jul 2019WP/2285/2019

Case brief

AI extract

What is this about?

The High Court in criminal writ petition directed that because a convict is ineligible for parole under a new policy and the medical certificate is stale, the petitioner should apply again with a fresh certificate within three weeks. The authorities must decide such applications within four weeks.

What did the court decide?

Petitioner directed to apply for parole with a fresh medical certificate within three weeks; authorities to decide within four weeks.

Vijay Sudam Wagh Vs the State of Maharashtra and Anr. — Bail and Remand | Bombay HC (2019)

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pmw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.2285 OF 2019

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Vijay Sudam Wagh … Petitioner Versus The State of Maharashtra and Anr. … Respondents

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Mr. Ajinkya M. Udane for the Petitioner. Mr. Arfan Sait, APP for the Respondent - State.

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CORAM : B.P. DHARMADHIKARI & SMT. SWAPNA S. JOSHI, JJ.

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DATE : 1^st JULY, 2019.

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P.C. :

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1 The petitioner convicted under section 376(2)(f) and 322 IPC is in jail since 11^th September 2012. He was released on parole on 6^th September 2017 and reported back on due date i.e. 27^th October 2017.

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2 He sought parole to visit his ailing mother by moving an application on 13^th June 2018. That application was rejected by the Divisional Commissioner, Nashik on 2^nd November 2018 and appeal against it came to be rejected by the competent authority on 7^th February 2019.

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3 After hearing respective counsel, we find that a new policy regulating grant of parole and furlough has come into force on 16^th April

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2018 and as per clause 4(12) therein the convict like the petitioner is rendered ineligible.

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4 The other reason given by the authorities is staleness of certificate. Today, when we are considering the matter, illness supported by medical certificate is about one year old.

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5 The petitioner was released earlier and has reported back voluntarily on due date. In this situation, we find that authorities can pass suitable orders ensuring that the petitioner does not abscond and permit him or make necessary arrangements to see that he can meet his mother.

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6 Hence, if the contingency reccurs (supra) or still subsists, it is open for the petitioner to apply again with fresh medical certificate. If such application is received within three weeks from today, the authorities shall pass suitable order upon it within next four weeks. With these directions, we partly allow writ petition.

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7 Writ Petition is disposed of.

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8 Order be communicated to prisoner in jail.

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(SMT. SWAPNA S. JOSHI, J.) (B.P. DHARMADHIKARI, J.)

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Vijay Sudam Wagh v. the State of Maharashtra and Anr.

Case brief

What is this about?

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Vijay Sudam Wagh v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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