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Bombay High CourtWP/1509/2019others disposed off

Rajesh Rajam Jadi v. The State Of Maharashtra

2019-04-01Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

YBG 24-wp-1509-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1509 OF 2019 Rajesh Jadi ..

Petitioner

Versus

State of Maharashtra ..

Respondent None for petitioner Mrs. P.P.Shinde, APP for State.

CORAM

:

B.P.DHARMADHIKARI, & P.D.NAIK, JJ.

DATE :

1st APRIL 2019.

P.C.

Prisoner, now in open prison at Gadchiroli has challenged the rejection of parole leave. After hearing learned APP we find that proposal for parole was moved by the central prison, Nashik Road on 6th June 2016. The reason then given was illness of wife. This request was rejected by Divisional Commissioner, Nashik Division on 18th October 2017 and an appeal against the said order was rejected on 14th March 2018 by the State Government.

YBG 24-wp-1509-19 2] The State Government has found that fresh certificate and documents were necessary.

3] Obviously, medical certificate in support of illness of wife would be prior to 6th June 2016. Thus, a period of about three years will expire soon from the date of that certificate. The petitioner has not thereafter placed on record any documents pointing out further developments in the health of his wife.

4] Hence, at this point of time, we find applicant's request stale. We, therefore, grant him liberty to move appropriate application, if any reason therefor, is still available. If such an application is moved within four weeks from today, it shall be examined in accordance with law by the competent authority and final orders on his request shall be passed within next eight weeks. 5] With these directions, we dispose of the present proceedings. This order be communicated to the prisoner in jail. (P.D.NAIK, J) (B.P.DHARMADHIKARI, J)