Sayyed Ali Sayyed v. The State Of Maharashtra And ANR

5. wp 4090.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4090 OF 2017 Sayyed Ali Sayyed .. Petitioner Vs.

The State of Maharashtra and anr.

.. Respondents Mr. Ganesh Bhujbal, for the Petitioner.

Mrs.G.P. Mulekar, APP for State.

CORAM : SMT. V.K.TAHILRAMANI & M.S.KARNIK, JJ.

12th OCTOBER, 2017 ORAL ORDER (PER SMT.

V.K.TAHILRAMANI, J.) :

1.

Rule. By consent rule is made returnable forthwith and the matter is heard finally.

2.

Heard both the sides.

3.

The petitioner is seeking parole on the ground that his nephew's marriage is fixed on 01/11/2017.

4.

It is seen that the petitioner has directly approached this Court and has not first made an application to the appropriate 1/2

5. wp 4090.17.doc authority seeking parole. In this connection, learned Counsel for the petitioner submitted that he had made an application to the concerned authority, however, concerned authority has refused to accept his application on the ground that six months of actual imprisonment has not elapsed from the date of his return after he was released on parole. Learned APP states that he was returned on 12/09/2017, therefore application was not accepted. 5.

In view of the fact and circumstances of this case, application of the petitioner for parole be accepted by the authority and decision be taken thereon as expeditiously as possible. Rule is disposed of in the above terms.

6.

Learned Counsel for the petitioner says that he will hand over the copy of the application to the Jailer Mr.Ananda S. Kande of Yerwada Central Prison, Pune who is present in the Court today. (M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.) 2/2