Shaikh Mohd. Shabbir Bhikan Shaikh v. The State Of Maharashtra

21. wp 1660.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1660 OF 2017 Shaikh Mohd. Shabbir Bhikan Shaikh .. Petitioner Vs.

The State of Maharashtra .. Respondent Ms.Rohini Dandekar, for the Petitioner.

Mr.H.J.Dedia, APP for State.

CORAM : SMT. V.K.TAHILRAMANI & M.S.KARNIK, JJ.

04th MAY, 2017 ORAL JUDGMENT (PER SMT.

V.K.TAHILRAMANI) :

.

Heard both sides.

2.

The petitioner preferred an application for death parole. The said application was preferred on 27/05/2016 to the Superintendent of Nashik Road Central prison. As police report was not received within a period of 10 days and his application was not decided, the petitioner preferred an application on 15/06/2016 to the Divisional Commissioner, Nashik. Police report was received on 09/07/2016. As the 1/2

21. wp 1660.17.doc police report was adverse, the said application was rejected by the Divisional Commissioner, Nashik on 23/09/2016. Thereafter, the petitioner preferred Appeal against the order of rejection of his application for parole.

3.

The grievance of the petitioner in the present Petition is that though 3 months have elapsed from preferring the Appeal, the said Appeal has not been decided. It is seen that the petitioner preferred an application on 20/02/2017. However, thereafter the Appeal of the petitioner was decided and it was dismissed by order dated 21/03/2017. 4.

The grievance of the petitioner in this Petition is only that his Appeal was not decided though 3 months had elapsed. As Appeal has been already decided, no further orders are necessary. Rule is discharged.

(M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.) 2/2