Shakir Ahmed Abdul Hamid Khan @ Kalu v. The Superintendent Of Prisons And ORS

(901)APPWNo.4892016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.489 OF 2016 IN CRIMINAL WRIT PETITION NO.3772 OF 2016 Shakir Ahmed Abdul Hamid Khan @ Kalu ...

Applicant V/s.

The Superintendent of Prisons, Yerwada Central Prison, Pune & Ors.

... Respondents .....

Mr.Rahul Arote, Advocate for the Applicant.

Mr.H.J.Dedia, APP for the Respondent/State.

....

CORAM : SMT.V.K.TAHILRAMANI & A. M. BADAR JJ.

DATED : 15th DECEMBER 2016.

P.C.

Heard both sides.

By the order dated 23/11/2016 in Criminal Writ Petition No.3772 of 2016, the petitioner was directed to be released on parole for a period of 30 days on complying with necessary formalities. Parole was granted to the petitioner in view of the fact that the marriage and marriage related functions of the daughter of the petitioner were to take place on 9th and 11th December 2016 and in addition, the wife of the Gaikwad RD 1/2

(901)APPWNo.4892016 petitioner had to undergo knee surgery. The marriage was to take place in Mumbai. So also, the family members of the petitioner including his wife are residing in Mumbai within the jurisdiction of J.J.Marg Police Station. However, yet the competent authority has imposed the condition of the petitioner attending Laxmipuri Police Station, Kolhapur every day. It appears that the address of the petitioner was given as the jail address and hence he was directed to attend Laxmipuri Police Station.

In view of above facts, it is totally erroneous to ask the petitioner to report at Laxmipuri Police Station, Kolhapur. Hence, the said order is modified and instead the petitioner shall attend J.J.Marg Police Station, Mumbai on every alternate date during the period when he is on parole.

Application is allowed in above terms.

(A. M. BADAR J.) (SMT. V. K. TAHILRAMANI J.) Gaikwad RD 2/2