Stive @ Lisban John Miranda v. The State Of Maharashtra And ORS

jdk 1 5.cr.wp.2158.17.j.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2158 OF 2017 Stive @ Lisban John Miranda ] Aged 40 years, Occ: Nil ] Residing at Flat No. 401, 4th floor, ] Nilgagan Society, D.N. Nagar, ] Opp. Idgah Ground, Andheri (W) ] Mumbai 400 058 ] (Now confined at Nasik Road ] Central Prison, Nasik Road) ].. Petitioner Vs.

1) The State of Maharashtra ] ]

2) The Superintendent ] Nasik Road Central Prison, ] Nasik Road ] ]

3) Divisional Commissioner, ] Nasik Division, Nasik Road, ] 422101 ].. Respondents ....

Mr. N.N.Gawankar Advocate i/b Mr. Manas N. Gawankar Advocate for Petitioner Mrs. G.P.Mulekar A.P.P. for the State ....

CORAM : SMT.V.K.TAHILRAMANI AND SANDEEP K. SHINDE, JJ.

DATED : JUNE 15, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]: Heard both sides. Rule. By consent, rule is made

jdk 2 5.cr.wp.2158.17.j.doc returnable forthwith and the matter is finally heard. The learned counsel for the petitioner states that the petitioner had preferred an application for parole on 22.5.2017, however, the learned A.P.P. states that the consent of the petitioner for being released on parole was given on 10.6.2017. According to the learned counsel for the petitioner, the prayer in the said application was that the petitioner be released on parole. The prayer in the present petition is that the concerned authority to dispose of the said application at the earliest. Rules relating to parole provide that an application for parole has to be decided within 45 days. Thus the concerned authorities to take a decision on the said parole application within a period of 45 days. Ordered accordingly. Rule is made absolute in above terms. Petition is disposed of accordingly.

[ SANDEEP K. SHINDE, J.] [ SMT.V.K.TAHILRAMANI, J.] kandarkar