Mehb0ob Sahebjade Pirjade v. The State Of Maharashtra And ORS

jdk 1 13.cr.wp.206.18.j.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO. 206 OF 2018 C-49, Mehaboob Sahebjade Pirjade, Kolhapur Central Prison, Kalamba, Kolhapur .. Petitioner Vs.

The State of Maharashtra &Ors.

.. Respondents ....

Ms. Rohini M. Dandekar Advocate appointed for Petitioner Mrs. G.P.Mulekar APP for State ....

CORAM :

SMT.V.K.TAHILRAMANI ACTING C.J.

AND M.S.SONAK, J.

DATED : AUGUST 03, 2018 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, ACJ.]: Heard both sides.

The petitioner is seeking extension of parole. The petitioner was released on parole on 16.8.2006 for a period of 30 days. The said period was extended by another 30 days and thereafter by a further period of 30 days i.e. parole was extended till 14.11.2006. Digitally signed by Jayant Digambarrao Kandarkar Date:

2018.08.07 12:28:24 +0530 Thus, the petitioner had to surrender on 15.11.2006, Jayant Digambarrao Kandarkar however, the petitioner surrendered on 16.11.2006 i.e. after delay of one day and the petitioner is seeking ex-

jdk 2 13.cr.wp.206.18.j.doc post facto extension of parole period by a period of one day.

The Rules as they stood then, contemplated the maximum period of 90 days only i.e. including the first period of parole and the extended period of parole. There was no provision in the Rules to extend the parole period beyond the period of 90 days. Today, as the position stands, parole can be granted for 45 days with extension of 15 days which can be granted only once in three years. Thus, there is no provision to extend the parole period of 90 days. No case is made out for interference, hence, Rule is discharged. Petition is dismissed.

OfÏce to communicate this order to the petitioner who is in Kolhapur Central Prison, Kalamba, Kolhapur.

M.S.SONAK, J.

ACTING CHIEF JUSTICE