Rajendra Kantilal Jagdale v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1733 OF 2017 Rajendra Kantilal Jagdale .....Petitioner V/s.
The State of Maharashtra .......Respondent Ms. Rohini Dandekar, Advocate appointed for Petitioner. Mrs. G.P.Mulekar, APP for Respondent-State.
CORAM :
CORAM :
SMT. V.K. TAHILRAMANI, & SMT. V.K. TAHILRAMANI, & SANDEEP K. SHINDE, JJ.
SANDEEP K. SHINDE, JJ.
DATE :
DATE :
8th th June, 2017.
June, 2017.
ORAL JUDGMENT (Per :- SMT. V.K.TAHILRAMANI, J):- ORAL JUDGMENT (Per :- SMT. V.K.TAHILRAMANI, J):- Heard both sides.
Heard both sides.
The Petitioner preferred application for parole on The Petitioner preferred application for parole on 16.8.2016 on the ground of illness of his mother. The said 16.8.2016 on the ground of illness of his mother. The said application was rejected on 8.3.2017. Being aggrieved application was rejected on 8.3.2017. Being aggrieved thereby, the Petitioner preferred an appeal. The appeal was thereby, the Petitioner preferred an appeal. The appeal was dismissed by order dated 25.4.2017, hence this Petition. dismissed by order dated 25.4.2017, hence this Petition. The jail record of the Petitioner shows that on The jail record of the Petitioner shows that on 2.9.2015 and 29.10.2016, he was released on furlough and 2.9.2015 and 29.10.2016, he was released on furlough and
* 2/3 * on both the occasions, he reported back to the prison on on both the occasions, he reported back to the prison on due date. The Petitioner was also released on parole on due date. The Petitioner was also released on parole on 20.9.2015 and it is noticed that he reported back to the 20.9.2015 and it is noticed that he reported back to the prison on his own.
prison on his own.
The application of the Petitioner came to be The application of the Petitioner came to be rejected on the ground that no medical certificates relating rejected on the ground that no medical certificates relating to any test conducted on his mother were submitted. to any test conducted on his mother were submitted. However, it is not denied by the authorities that mother of However, it is not denied by the authorities that mother of the Petitioner is suffering from cancer and she is taking the Petitioner is suffering from cancer and she is taking treatment for the same.
treatment for the same.
In this view of the matter and looking to the jail In this view of the matter and looking to the jail record of the Petitioner and especially the fact that his record of the Petitioner and especially the fact that his conduct in the prison has been good, we are inclined to conduct in the prison has been good, we are inclined to release the Petitioner on parole for a period of 30 days on release the Petitioner on parole for a period of 30 days on the same terms and conditions on which he was released the same terms and conditions on which he was released on parole earlier.
on parole earlier.
Rule is made absolute in the above terms.
Office to communicate this order to the Petitioner who is in Nashik Road Central Prison, Nashik. (SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J) (SMT. V.K. TAHILRAMANI, J)
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