Arun Janardan Dake v. The State Of Maharashtra And ORS.

1/3 WP-4407-2019 (SR.12)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4407 OF 2019 Arun Janardan Dake Petitioner ...

V/s.

The State of Maharashtra and Ors.

....Respondents **** Mr. Bhavesh Thakur i/by. Mr. Nitin C. Kamble, Advocate for the petitioner.

Mr. Pradeep Gharat, Special P.P. for CBI.

Mr. Arfan Sait, APP for State.

Mr. N.M. Kamble, Jailor, Yerwada Central Prison, Pune present.

CORAM :

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

SANDEEP K. SHINDE, JJ.

Tuesday, 15 Tuesday, 15th th October, 2019.

October, 2019.

P.C. :

P.C. :

1.

Prayer initially was to consider release on furlough/parole. On 3rd September, 2019 the

2/3 WP-4407-2019 (SR.12) prayer for parole has been deleted. Today, the learned Counsel for the petitioner has submitted that on account of urgent medical treatment required by the wife, the petitioner must be released and he is restricting the arguments to health condition of wife only.

2.

The learned APP has submitted that, no prayer for parole was made before any Authority and as such health of wife has not been verified by any Authority. Alongwith petition, there is a Certificate dated 25 th July, 2019 issued by Dr. A.S.

Bhule which points out need of operation for exploration of abdomen and hysterectomy.

3.

As respondents have pressed request only for furlough, we are not required to dwell more on this Medical Certificate.

4.

We grant petitioner leave to make appropriate application alongwith proper medical documents seeking parole. If such application is

3/3 WP-4407-2019 (SR.12) moved within two weeks, Authority shall consider it in accordance with law on its own merits within next four weeks.

5.

With these directions and keeping all contentions open, we dispose off Writ Petition. (SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.)