Mehboob Abhas Ali Jamadar v. The State Of Maharashtra And ANR

10. wp 4875.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4875 OF 2017 Mehboob Abhas Ali Jamadar Age: 75 years, residing at R/o. Shivaji Nagar, Factor Park Shimpoli Road, Borivali (W), Mumbai 400 092.

(At present in Byculla Jail) .. Petitioner Vs.

1. The State of Maharashtra

2. Superintendent of Prison Nasik Central Prison, Nashik .. Respondents Mr. Prashant Badole, for the Petitioner.

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

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

19th JANUARY, 2018 ORAL JUDGMENT ( PER :

SMT.

V.K.TAHILRAMANI ACTING C.J.) :

1.

Heard both sides.

2.

The petitioner is praying for parole on the ground of his own illness. There is no provision to grant parole on the ground of prisoner's own illness. It is not possible for us to grant 1/2

10. wp 4875.17.doc relief prayed for by the petitioner.

3.

In this view of the matter, Rule is discharged. If the petitioner prefers an application for parole on any ground available to him under Rule 19 of the Prisons (Bombay Furlough and Parole) Rules) 1959 or application for furlough, the authority to consider the same and dispose it of within 45 days of receiving the said application. Petition is disposed of. Rule is discharged.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 2/2