Jogindersingh @ Jokiya Raghuveer Chavan v. The State Of Maharashtra

40 WP 2801 OF 2017.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2801 OF 2017 Jogindersingh alias Zokiya Raghuvirsing Chavan ... Petitioner.

V/s.

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

Mr. Arfan Sait, A.P.P., for the Respondent-State. CORAM : SMT. V. K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE :

9TH AUGUST, 2017.

P.C. :

1.

Heard both sides.

2.

Petitioner's application for parole on the ground of illness of his son, has been rejected by order dated 3.5.2017. Hence this petition.

2.

Against the order of rejection of application for parole, appeal is provided to the Government. The record shows that the petitioner has not preferred any appeal. In view of the fact that there is alternate remedy available, we are not inclined to interfere. The Constitution Bench of Supreme Court in the case of Thansing Nathmal and ors Page No.1 of 2

40 WP 2801 OF 2017.doc -vs- The Superintendent of Taxes Dhubri, reported in A.I.R. 1964 SC. 1419, has observed that when there is an alternate remedy available, writ petition should not be entertained.

3.

In view of the above, we are not inclined to interfere. Hence, rule is discharged.

4.

The Office to communicate this order to the petitioner, who is lodged in Nashik Road Central Jail. [DR.SHALINI PHANSALKAR-JOSHI, J.] [SMT. V.K.TAHILRAMANI, J.] Page No.2 of 2