Shailendra Kumar Satyanarayan Thakur v. The State Of Maharashtra

ssm 1 11-wp550.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 550 OF 2018 Shailendra Kumar Satyanarayan Thakur .....Petitioner Vs.

The State of Maharashtra ....Respondent.

None for the Petitioner.

Ms. P.P. Shinde, APP for the Respondent-State. CORAM : A. S. OKA, AND A. S. GADKARI, JJ.

DATE : 7th MARCH, 2019.

P.C.:- Perused the Petition received through Jail.

Heard the learned APP for the State who has placed on record Nominal Roll of the Petitioner. It is taken on record and marked as "R-1" for identification. By an Order dated 21st August, 2017 passed by the Division Bench of this Court in Writ Petition No. 2957 of 2017, this Court directed the Competent Authority to firstly call for the police report and thereafter, to decide the Application for parole made by the Petitioner on 11st April, 2016. The learned APP has not received any instructions whether the said Application for parole has been decided. However, the 1/3

ssm 2 11-wp550.18.doc Nominal Roll shows that after the Order dated 21st August, 2017 was passed, the Petitioner was released on furlough. The Competent Authority empowered to grant parole is under an obligation to comply with the Order dated 21st August, 2017. We, accordingly, dispose of the Petition by passing the following Ordera) If the Competent Authority has already passed an Order on Application for parole dated 11th April, 2016, a copy of the said Order shall be forthwith forwarded to the Petitioner through the concerned Jail Superintendent;

b) If the said Application is not yet decided, the same shall be decided within a period of 4 weeks from the date on which a copy of this Order shall be forwarded by the office of the Public Prosecutor to the Competent Authority;

c) A copy of the Order passed on the Application for parole shall be immediately forwarded to the Petitioner through the concerned Jail 2/3

ssm 3 11-wp550.18.doc Superintendent;

d) We make it clear that the failure to comply with the aforesaid directions will be viewed very seriously; e) The Petition is disposed of in the aforesaid terms; f) A copy of this Order shall be forthwith forwarded to the Petitioner through the concerned Jail Superintendent.

For reporting compliance, this Petition shall be listed on 22nd April, 2019 under the caption of "directions". (A.S. GADKARI, J.) (A.S. OKA, J.) 3/3