Afroz Khan Shahid Khan Pathan v. The State Of Maharashtra

11-CRI.WP-2733-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2733 OF 2018 Afroz Khan Shahid Khan Pathan

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Prosper D'Souza, appointed Advocate - for the Petitioner.

Mr. Arfan Sait, APP for the Respondent-State. ---- CORAM : SMT. V. K. TAHILRAMANI, Acting C.J.& M. S. SONAK, J.

DATE : 12.07.2018.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :

1] Heard both sides.

2] The petitioner has preferred an application for parole on 23.10.2017. The said application was rejected by order dated 02.11.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal came to be rejected by the order dated 14.3.2018. Hence, this petition.

3] The petitioner has preferred the application for parole on the ground of illness of his mother. On perusal of the orders, it is seen that the mother, father and wife of the

11-CRI.WP-2733-18 petitioner are residing together. In such case, the father and wife of the petitioner will be able to take care of the mother of the petitioner and on this ground the authorities did not find it necessary to release the petitioner on parole. 4] In view of the fact that other family members are available to take care of the mother of the petitioner, in our view, no case is made out for interference. Hence, Rule is discharged.

5] OfÏce to communicate this order to the petitioner, who is in Taloja Central Prison, Mumbai.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) Dinesh Sadanand Sherla by Dinesh Sadanand Sherla Date: 2018.07.13 15:04:13 +0530