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Bombay High CourtWP/1378/2019others disposed off

Avinash Shashikant Sawnat v. The State Of Maharashtra

2019-03-26Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice B.P. Dharmadhikari1 pages

14.WP.1378.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1378 OF 2019 Avinash Shashikant Sawant Petitioner versus The State of Maharashtra Respondents None present for petitioner.

Mrs.M.H.Mhatre, APP, for State.

CORAM :

B.P.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE : 26th March 2019 PC :

1.

Learned APP submitted that though death parole was allowed, the terms and conditions thereof were not complied with within a period of ten days and hence that order dated 7th February 2019 has exhausted itself. She points out that the order itself was valid up to 14th February 2019.

2.

The grandmother of the petitioner expired on 3rd February 2019. The authority, therefore, granted him ten days death parole subject to furnishing necessary surety bond and cash. The conditions could not be fulfilled within the stipulated time i.e. the period for which the order was to remain in force.

3.

The death parole was granted for performing last rites of deceased grandmother and by today the said cause must have been over. The prayer thus has become infructuous. We, therefore, accordingly dispose off the petition as infructuous. (PRAKASH D. NAIK, J.) (B.P.DHARMADHIKARI, J.) MST