Ashok Shankar Khalase v. The State Of Maharashtra

skc 15-CRIWP-1394-17-JUG

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1394 OF 2017 Ashok Shankar Khalase

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Prosper D'souza - Advocate Appointed for Petitioner. Mr. Arfan Sait - APP for State.

CORAM: SMT. V. K. TAHILRAMANI, Acting C. J. & M. S. SONAK, J.

DATE : 08 AUGUST 2018 ORAL JUDGMENT : (SMT. V. K. TAHILRAMANI, Acting C. J.) 1] Heard both sides.

2] The petitioner had preferred an application for parole on 15th July 2016. The said application was rejected by order dated 15th February 2017, hence this petition. 3] The Prisons (Bombay Furlough and Parole) Rules, 1959, provide for remedy of appeal if an application for parole is rejected. Learned APP, on instructions, states that no appeal has been preferred by the petitioner till today against the order of rejection.

skc 15-CRIWP-1394-17-JUG 4] In view of the fact that efÏcacious alternate remedy is available, we are not inclined to entertain this petition and the petitioner is relegated to the remedy of preferring appeal against the order of rejection. In case the petitioner prefers appeal, the Appellate Authority to decide the same on merits as expeditiously as possible. Rule is disposed for in above terms.

5] OfÏce to communicate this order to the petitioner who is in Nashik Road Central Prison.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) CHANDKA Digitally signed by Sunita Kishandas Chandka Date:

2018.08.10 10:33:20 +0530 Sunita Kishandas Chandka