Abdulla Ahmed Aanarkadi Mutlib v. The State Of Maharashtra And ANR

Sherla V.

wp.3659.2015_901.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3659 OF 2015 Abdulla Ahmed Aanarkadi Mutlib ... Petitioner Vs.

The State of Maharashtra & anr.

... Respondents Ms.Pooja R. Singh i/b Mrs.Pratibha A. Borade for the Petitioner Mrs.U.V. Kejriwal, APP, for Respondent - State CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.

DATE: JULY 1, 2016 P.C.:

1.

Heard both sides.

2.

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

The Petitioner had preferred an application for parole. The said application came to be granted. Pursuant to the said application, the petitioner was released on parole on 7.8.2015 for a period of 30 days. The petitioner had to surrender on 5.9.2015. On 25.8.2015, the petitioner preferred an application for extension of parole for a period of 30 days on the ground that he was ill and he required bed rest for one month. The said application came to be rejected by order dated 1.9.2015, hence, this petition.

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wp.3659.2015_901.doc 4.

The Prisons (Bombay Furlough and Parole) Rules, 1959 provide that parole can be granted for a maximum period of 90 days i.e., when a prisoner is released on parole, a maximum two extensions of 30 days each can be granted. The petitioner was released on parole on 7.8.2015. The 90-day period expired on 6.11.2015. However, it is seen that even as of today, the petitioner has not surrendered back to the prison and the petitioner has absconded.

5.

Looking to the fact that the petitioner has absconded, we are not inclined to entertain the prayer of the petitioner, hence, Rule is discharged. (MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.) 2 / 2