Narayan Mhasu Pithe v. The State Of Maharashtra

903-wp-439.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 439 OF 2020 Narayan Mhasu Pithe ...

Petitioner

Versus

The State of Maharashtra ...

Respondent None for the petitioner.

Dr. F.R.Shaikh, APP for the respondent State. CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

JANUARY 30, 2020 P.C.:

Heard learned APP. Perused the papers. Father of the petitioner expired on 15/12/2019. He has been permitted parole for 14 days on 20/12/2019. He could not comply with the terms and conditions. The period expired in the meanwhile. Request in the letter is to extend that period of 14 days. 2.

Learned APP has rightly pointed out that the authority which sanctions the death parole does not have that jurisdiction. 3.

However, considering the situation, the said authority should have placed the request before the appropriate forum where that authority could have looked into the matter. 4.

In this situation, we direct the respondent to place the nilegaonkar 1/2

903-wp-439.2020.odt request before the authority competent to grant parole. The said authority shall examine the case and pass suitable orders within four weeks from today. Petition is accordingly disposed of. 5.

Copy of order be communicated to the prisoner in jail. (NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2