Ambadas Bhimrao Borse v. The State Of Maharashtra

7-wp-4714.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4714 OF 2018 Ambadas Bhimrao Borse ... Petitioner

Versus

The State of Maharashtra ... Respondent Mr. Mahendra Sandhyanshiv for the petitioner. Smt. S.D. Shinde, APP for the State.

CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE :

NOVEMBER 20, 2019 P.C.:

We have heard respective counsel. Perused the papers. 2.

The records show that the petitioner had sought parole on the ground of illness of his mother. The certificate in support of the illness is dated 30/3/2018. Thus period of more than 18 months has expired after that certificate.

3.

The parole is denied on the ground of his not returning for 402 days when released earlier on parole. In 2014, he was given parole and was required to be arrested and brought back. Learned APP submits that for this absconding his name was permanently removed from the remission register. The effort of learned counsel for the petitioner is to demonstrate that then nilegaonkar 1/2

7-wp-4714.2018.odt there was illness in the family and also because of some other problems he could not report back within time. 4.

The order of prison punishment i.e. of permanent removal of his name from the remission register has not been questioned by the petitioner. Unless and until that order is questioned, the other grievances can not be looked into.

5.

In this situation, we keep all the contentions open and with a liberty to the petitioner to file appropriate challenges, we dispose of the present matter.

(SMT. SADHANA S. JADHAV, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2