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Bombay High CourtWP/2802/2017others disposed off

Ramesh Zagdu Patil v. The State Of Maharashtra

2018-08-08Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice M.S. Sonak2 pages

skc 910-CRIWP-2802-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2802 OF 2017 Ramesh Zagdu Patil

...Petitioner

Versus

The State of Maharashtra

...Respondent

Ms Rohini Dandekar - Advocate Appointed for Petitioner. Mrs. G. P. Mulekar - APP for Respondent.

CORAM: SMT. V. K. TAHILRAMANI, Acting C. J. & M. S. SONAK, J.

DATE : 08 AUGUST 2018 ORAL JUDGMENT : (SMT. V. K. TAHILRAMANI, Acting C. J.) 1] Heard both sides.

2] The petitioner had preferred an application for parole on 13th February 2017. The said application was rejected by order dated 18th April 2017, hence this petition. 3] The Prisons (Bombay Furlough and Parole) Rules, 1959, provide for remedy of appeal if an application for parole is rejected. Learned APP, on instructions, states that no appeal has been preferred by the petitioner till today against the order of rejection.

skc 910-CRIWP-2802-17 4] In view of the fact that efÏcacious alternate remedy is available, we are not inclined to entertain this petition and the petitioner is relegated to the remedy of preferring appeal against the order of rejection. In case the petitioner prefers appeal, the Appellate Authority to decide the same on merits as expeditiously as possible. Rule is disposed for in above terms.

5] OfÏce to communicate this order to the petitioner who is in Nashik Road Central Prison.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) CHANDKA Sunita Kishandas Chandka Sunita Kishandas Chandka Date: 2018.08.10 10:30:10 +0530