In a writ petition seeking parole, the Court dismissed the petition noting the supporting medical certificate was issued over two years ago. The Court held that fresh application procedures apply if the need still subsists.
Petition dismissed; no grant of parole. Fresh application permitted if need subsists.
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.
16-cri-wp-5302-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5303 OF 2018
Aarif @ Baba Ayyub Salar V/s.
The State of Maharashtra
… Petitioner
… Respondent
None for the Petitioner. Dr. F.R. Shaikh, APP for the Respondent – State.
CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N.R. BORKAR, J. DATE : MARCH 6, 2020.
P.C.
1] The prisoner has on 19th November 2018 forwarded a letter for expediting Criminal Writ Petition No. 1372 of 2018. In that petition, he sought parole on the ground of need of histoctomy of his wife.
2] The papers show that leave was rejected in April 2018 on the ground that there were family members and when prisoner was released earlier, he has absconded.
3] In this situation, though learned APP is seeking time to verify the fate of Criminal Writ Petition No. 1372 of 2018, we
1/2
Dinesh Sherla
16-cri-wp-5302-18.doc
are not inclined to adjourn the matter.
(N.R. BORKAR, J.) (ACTING CHIEF JUSTICE)
2/2
Dinesh Sherla
1 issue framed by the court
Whether to allow a fresh grant of parole to the petitioner given that the previous certificate was issued two years ago and the petitioner had absconded previously.
Aarif @ Baba Ayyub Salar
The State of Maharashtra
B.P. Dharmadhikari
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
