Sachin Janardan Kamble v. The State Of Maharashtra

Sherla V.

wp.1511.2016_8.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1511 OF 2016 Sachin Janardan Kamble ... Petitioner Vs.

The State of Maharashtra ... Respondent Mr.Yashpal Thakur, Advocate appointed for the Petitioner Mrs.U.V. Kejriwal, APP, for Respondent - State CORAM: SMT.V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.

DATE: JULY 12, 2016 ORAL ORDER (PER SMT.V.K. TAHILRAMANI, J.):

1.

Heard both sides.

2.

Rule. By consent, Rule is made returnable forthwith. 3.

The petitioner has preferred an application for parole. The said application came to be rejected by order dated 1.2.2016, hence, this petition.

4.

Against the order of rejection of an application for parole, an appeal is provided. The petitioner has preferred an appeal. In this view of the matter, we are not inclined to grant parole at this stage and we are inclined 1 / 2

wp.1511.2016_8.doc to direct the authorities to consider the appeal of the petitioner and decide the same, if not already decided, within a period of four weeks from the date of communication of the order. In case, the appeal is decided against the petitioner, it would be open for him to prefer a fresh writ petition challenging the order dismissing the appeal as well as the earlier order of rejection.

5.

In view of the above, we are not inclined to interfere at this stage. Hence, Rule is discharged.

6.

Fees to be paid to the appointed advocate are quantified at Rs.2,500/-.

7.

Office to communicate this order to the petitioner, who is in Nashik Road Central Prison.

(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.) 2 / 2