Sandeep @ Babu Bahusaheb Kate v. The State Of Maharashtra

39 WP 2800 OF 2017.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2800 OF 2017 Sandeep @ Babu Bahusaheb Kate ... Petitioner V/s.

The State of Maharashtra .... Respondent Mr. Prosper D'souza, appointed advocate for the Petitioner.

Mrs. G. P. Mulekar, A.P.P., for the RespondentState. CORAM : SMT. V. K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE :

9TH AUGUST, 2017.

P.C. :

1.

By this petition, petitioner is seeking parole on the ground of death of his father.

2.

The death of his father took place on 1.4.2016. Now it is not possible to consider the request of the petitioner for parole on account of death of his father which took place on 1.4.2016. In addition, it is seen that when the petitioner was released on furlough in the year 2010 he did not report to the prison in time and he absconded. Thereafter the petitioner was traced and arrested by the police and brought back to prison. Thus, there was overstay of 786 days in reporting back Page No.1 of 2

39 WP 2800 OF 2017.doc to the prison.

3.

In view of above facts, it is apprehended by the concerned Authority that if the petitioner is released on parole, he will not return back to the prison in time and he will abscond. Looking to the conduct of the petitioner, it cannot be said that this apprehension of the Authorities is without any basis. Thus, we do not find any error with the order of the Authority rejecting the application of the petitioner for parole.

4.

In view of above facts, we are not inclined to interfere. Rule is discharged.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [SMT. V.K.TAHILRAMANI, J.] Page No.2 of 2