Aadil S/O Rafique Shaikh v. The State Of Maharashtra
13. IA.1008.22 _APEAL-1192-12.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 1008 OF 2022 IN CRIMINAL APPEAL NO. 1192 OF 2012 Aadil S/o. Rafique Shaikh ..Applicant
Versus
State of Maharashtra ..Respondent ....................
Mr. Rupesh A. Jaiswal for the Applicant Ms. M. M. Deshmukh, APP for the State ...................
CORAM :SMT. SADHANA S. JADHAV & MILIND N. JADHAV, JJ.
DATE :MARCH 30, 2022 P.C.
:
1. The Applicant / Appellant herein has been convicted by this Court in Criminal Appeal No. 1192 of 2012 vide Judgment and Order dated 11.03.2022. After pronouncement of the Judgement, it was noticed that the convict i.e. the Applicant was on emergency parole due to Pandemic. Learned counsel Ms. Farhana Shah has submitted that sufficient time be granted to the Applicant to surrender.
2. Learned counsel submits that as on today the Government has not withdrawn the Notification granting emergency parole in view of the Pandemic situation and that there is a specific provision in the Notification that there shall be extension of emergency parole unless
13. IA.1008.22 _APEAL-1192-12.doc the Notification is withdrawn. The Learned APP is unable to state as to when the Notification would be withdrawn.
3. The learned counsel for the Applicant submits that the wife of the Applicant is carrying pregnancy of 7 months. She has been advised bed-rest and certain complications. There is no one to look after her. The learned counsel has placed on record certificate issued by one Dr.Shiban Sayyed who is a Physician and Surgeon which shows that there is a history of Amenorrhea.
4.
In view of the above and considering the request of the learned counsel for the Applicant, this Court grant 4 week's time i.e. upto 25.04.2022 for the Applicant to surrender before the appropriate Court. It is made clear that there shall be no further extension of time. The Application is disposed of.
[ MILIND N. JADHAV, J. ] [SMT. SADHANA S. JADHAV, J.]