Ajit Harendra Pratap Sing v. The State Of Maharashtra

jdk 1 8.cr.wp.250.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 250 OF 2016 Ajit Harendra Pratap Sing .. Petitioner Vs.

The State of Maharashtra .. Respondent ....

Ms. Rupali Manik Shinde Advocate appointed for Petitioner Mr. H.J. Dedia A.P.P. for the State ....

CORAM : SMT.V.K.TAHILRAMANI ACTING C.J. & DR.SHALINI PHANSALKAR-JOSHI, J.

DATED : FEBRUARY 11, 2016 ORAL ORDER : [PER SMT.V.K.TAHILRAMANI, ACTING C.J.]: Heard both sides. Rule. Rule made returnable forthwith.

Petitioner preferred application for parole on 21.7.2015 on the ground of his own ill-health. The applicant / petitioner wanted to go to Jaunpur in the State of Uttar Pradesh during the period that he was on parole. Hence, the concerned authorities called for report from the police authority at Jaunpur. As the report was not received from the police

jdk 2 8.cr.wp.250.16.doc authority at State of Uttar Pradesh, the application for parole of the petitioner remained pending. Being aggrieved thereby, the petitioner preferred this petition.

As the petitioner was seeking parole on the ground of his own ill-health, we called for the latest medical report in relation to the petitioner. The learned A.P.P. has tendered report dated 11.2.2016 of the Chief Medical Officer, Nashik Road Central Prison and the report from the Superintendent, Nashik Road Central Prison. From the said reports, it is seen that the petitioner is suffering from dental problem and anal fissures. For the said medical problem, the petitioner has been referred to Civil hospital at Nashik on various dates for investigation and treatment. He was also referred for his dental problem to Dental College in Ghati at Aurangabad. The petitioner is taking OPD treatment in the Jail hospital at Nasik. The report of the Chief Medical Officer, Nashik is taken on record and marked "X" for identification and the report of the Jail Superintendent Nashik Road Central Prison is taken on record and marked "X-1" for identification.

jdk 3 8.cr.wp.250.16.doc Though the application of the petitioner for parole remained pending, it is seen that the petitioner was released on furlough on 8.9.2015. In this view of the matter, we dispose of this petition with direction to the concerned authority to decide his application for parole at the earliest. Petition is disposed of in above terms. Rule is discharged.

[ DR. SHALINI PHANSALKAR-JOSHI, J.] [ ACTING CHIEF JUSTICE ] kandarkar