Salim Rahim Shaikh v. The State Of Maharashtra

Sherla V.

wp.3229.2016_5.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3229 OF 2016 Salim Rahim Shaikh ... Petitioner Vs.

The State of Maharashtra ... Respondent Ms.Rohini Dandekar, Advocate appointed for the Petitioner Mr.H.J. Dedia, APP, for Respondent - State CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.

DATE: OCTOBER 10, 2016 ORAL JUDGMENT (PER SMT.V.K. TAHILRAMANI, J.): 1.

Heard both sides.

2.

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

The petitioner had preferred an application for parole on 30.4.2016. The grievance of the petitioner is that his application was not decided. 4.

The learned APP, on instructions, states that the application was decided and it was rejected on 14.9.2016. It is seen that against the order of rejection, the petitioner has remedy of appeal. The petitioner has not preferred an appeal. In our opinion, the petitioner should be relegated to the remedy of preferring an appeal.

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wp.3229.2016_5.doc 5.

In this view of the matter, we are not inclined to interfere and hence, rule is discharged.

(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.) 2 / 2