Keharsing Harjindarsing Chudda v. The State Of Maharashtra

Nalawade 80appa-869-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO. 869 OF 2019 IN CRIMINAL APPEAL NO. 333 OF 2014 Keharsing H. Chudda ...Applicant vs.

The State of Maharashtra ....Respondent.

Mr. Niranjan Mundergi for the Applicant.

Mr. Arfan Sait, APP. for the State.

Mr. J.K.Gosavi, API. From Nashik Road Police Station, Nashik City. Mr. Prashant M. Nagawade Jailer Grade 2, Nashik Road Central Prison. CORAM : B.P.DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.

DATE : 12th July, 2019 PC :

1.

Prayer is to grant temporary bail as father is extremely ill. Learned counsel appearing for applicant fairly states that earlier request on same ground was turned down by this court. Learned APP. on instructions states that on 23.1.2019 applicant was released on parole and has reported back on due date. He also states that as period of about six months has expired - Page-1/2

Nalawade 80appa-869-19.doc he can as per law apply for parole on the ground of illness of his father. However, about illness he reads out instructions received by him to show that Doctor issued certificate has mentioned that father of applicant is bed ridden but does not require any surgery. Learned APP has thus submits that certificate does not point out any emergency. 2.

We need not go into any disputed aspects. If the law permits release on parole on the ground of illness of father, the applicant can very well apply for the same. Learned APP further pointed out that Certificate of Doctor is of April, 2019. We therefore grant liberty to apply for parole along with fresh certificate. If such application is moved within two weeks from today the competent authority shall take decision upon it within four weeks thereafter.

3.

With these directions we disposed of this application. (MRS. SWAPNA S. JOSHI, J.) ( B.P.DHARMADHIKARI, J.) - Page-2/2