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Bombay High CourtWP/5043/2017rule discharged

Kiran Balu Pawar v. The State Of Maharashtra

2018-01-15Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice M. S. Karnik2 pages

31. wp 5043.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5043 OF 2017 Kiran Balu Pawar .. Petitioner Vs.

The State of Maharashtra .. Respondent Ms.Rohini Dandekar, for the Petitioner.

Mr.Arfan Sait, APP for State.

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

AND M.S.KARNIK, J.

15th JANUARY, 2018 ORAL JUDGMENT ( SMT.

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

1.

Heard both the sides.

2.

The petitioner preferred an application for parole on 24/04/2017 on the ground of illness of his father. The said application was rejected by order dated 03/05/2017. Being aggrieved thereby, the petitioner preferred an Appeal. An Appeal was dismissed by order dated 30/06/2017, hence this Petition.

1/2

31. wp 5043.17.doc 3.

The application of the petitioner for parole came to be rejected in view of the notification dated 26/08/2016 which states that if a person has been convicted for an offence of rape, he cannot be granted parole. The petitioner has been convicted in a case of rape, hence, this notification fully applies to the case of the petitioner. In this view of the matter, we are not inclined to interfere. Rule is discharged.

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