Babakhan @ Babasaheb Shivaji Bhosale v. The State Of Maharashtra

(4)WPNo.43152016(2)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITIONER NO.4315 OF 2016 Babakhan @ Babahsaheb Shivaji Bhosale ...

Petitioner V/s.

The State of Maharashtra ...

Respondent .....

Mr.Prosper D'souza, Advocate for the Petitioner. Mr.Arfan Sait, APP for the Respondent/State.

....

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

DATED : 22nd DECEMBER 2016.

ORAL JUDGMENT : (PER SMT.V.K.TAHILRAMANI, J) Heard both sides.

Rule. Rule is made returnable forthwith and the matter is heard finally.

The petitioner preferred an application for death parole on 18/05/2016. The said application was rejected on 14/09/2016, hence this petition.

The brother of the petitioner has expired on 30/04/2016.

Thereafter, the petitioner preferred an Gaikwad RD 1/2

(4)WPNo.43152016(2) application for death parole on 18/05/2016. The said application has been rejected. However, there is remedy of preferring an appeal, which has been communicated to the detenue by the order of rejection dated 14/09/2016 which has been annexed by the petitioner to this petition. In this view of the matter, we are not inclined to interfere and the petitioner is relegated to the remedy of preferring an appeal, hence Rule is discharged. Office to communicate this order to the petitioner, who is in Nashik Road Central Prison.

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