Sameer@Shera Shafiq Qureshi v. The State Of Maharashtra

rsk 1/2 1-WP-3595-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3595 OF 2018 Sameer@ Shera Shafiq Qureshi

...Petitioner

vs.

The State of Maharashtra

...Respondent

---- Dhanalaxshmi Iyer for the Petitioner.

Mr. S. R. Shinde, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N. R. BORKAR, J.

DATE : 5/3/2020.

P.C.:

.

Heard learned counsel (appointed) for the petitioner and learned APP for the Respondent/State. Parole sought for by the prisoner on the ground of ill-health of mother was rejected by Divisional Commissioner, Pune on 12/5/2017 and appeal against it has been dismissed by the State Government on 3/3/2018. Reason is the certificate in support of ill-health of mother is stale.

2.

Learned counsel for the petitioner has invited our attention to the fact that medical certificate provided with the present petition is issued on 13/6/2018 and his mother continues to be unwell even today. 3.

We therefore find that interest of justice can be met with by permitting the petitioner to move fresh application for parole, if the cause still subsists. If said application is moved within two weeks from today with proper medical certificate, the Divisional Commissioner shall consider it in

rsk 2/2 1-WP-3595-18.doc accordance with law within next 2 weeks. With these directions and keeping all contentions open we dispose of the writ petition. 4.

Order be served upon the prisoner in jail.

(N. R. BORKAR, J.) (ACTING CHIEF JUSTICE)