Ramakant Meghnath Patil v. The State Of Maharashtra

1/3 WP-4182-2019 (SR.18)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.

OF 2019 Ramakant Meghnath Patil .Petitioner ...

V/s.

The State of Maharashtra ....Respondent **** Mr. Shashikant P. Chaudhari, Advocate for the petitioner (appointed).

Mr. J.P. Yagnik, APP for State.

CORAM :

CORAM : B.P. DHARMADHIKARI, & B.P. DHARMADHIKARI, & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

Tuesday, 24 Tuesday, 24th th September, 2019.

September, 2019.

P.C. :

P.C. :

1.

Heard Learned Advocate appointed and learned APP for State.

2.

It appears that parole sought by present petitioner on the ground of illness of his mother has been rejected on the ground that witnesses may

2/3 WP-4182-2019 (SR.18) face security problems.

3.

Facts show that, he is behind bars since th April, 2011 and has been sentenced on 13th February, 2014. He has been released on furlough leave on 10 th February, 2015 and thereafter on 22nd January, 2019. On both occasions, he has reported back on due date. There is no report of any wrong behaviour by him during this leave.

4.

Apprehension as expressed appears to be ill-founded. However, as pointed out by learned APP, proposal for parole submitted by Superintendent, Nashik Road Central Jail is dated th May, 2018. Certificate of Doctor about illness of Mother therefore has to be of a date before that date. On the basis of such a stale Certificate, no parole can be granted at this stage.

5.

We therefore grant petitioner leave to move application afresh, if cause still subsists with proper Medical Certificate.

6.

If such application is submitted within four weeks from today, Authorities shall consider it in accordance with law within next four weeks.

3/3 WP-4182-2019 (SR.18) 7.

With these directions, we dispose off Writ Petition.

8.

Order be communicated to prisoner in jail.

9.

All concerned to act on authenticated copy of the order.

(SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.)