Sachin Gajanan Shetye v. The Principal Secretary And ANR

Sherla V.

wp.2982.2016_4.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2982 OF 2016 Sachin Gajanan Shetye ... Petitioner Vs.

The Principal Secretary, Home Department Government of Maharashtra & anr.

... Respondents Mr.Hitesh P. Shah for the Petitioner Mr.H.J. Dedia, APP, for Respondent - State CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.

DATE: SEPTEMBER 14, 2016 ORAL ORDER (PER SMT.V.K. TAHILRAMANI, J.) 1.

Heard both sides.

2.

Rule. By consent, Rule is made returnable forthwith. 3.

The prayer of the petitioner is for extension of parole leave. The petitioner preferred an application for parole on 30.3.2015. The said application was rejected by order dated 22.6.2015 by the Divisional Commissioner. Being aggrieved thereby, the petitioner preferred appeal. The said appeal was allowed by order dated 17.6.2016. Pursuant to the order dated 17.6.2016, the petitioner was released on parole on 22.6.2016 for a period of 30 days. Thereafter, on 11.7.2016, the petitioner preferred an application for extension of parole. The said application was rejected 1 / 2

wp.2982.2016_4.doc by order dated 19.8.2016. The prayer of the petitioner is that his parole period be extended.

4.

The petitioner had to surrender on 23.7.2016 as his application for extension of parole leave was rejected. However, even as of today, the petitioner has not surrendered back to the prison. In fact, on 21.8.2016, an offence was registered against the petitioner under section 224 of the Indian Penal Code at Mira Road police station vide C.R. No.180 of 2016. However, despite this fact, as of today, the petitioner has not surrendered and he is absconding.

5.

In this view of the matter, we are not inclined to exercise any discretion in favour of the petitioner. Rule is discharged. (MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.) 2 / 2