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

wp.4546.16.902.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4546 OF 2016 (For release on parole) Shakir Ahmed Abdul Hamid Khan & Kalu, Aged : 64 years, Occ : Business, Residing at 51/53 Kokani Chawl, 1st Floor, Room Nos. 31 and 32, Chandramani Buddha Vihar Marg, Nagpada, Mumbai - 400 008

...Petitioner

Versus

1. The Superintendent of Prisons, Yerwada Central Prison, Pune.

2. The Divisional Commissioner, Pune Region, Pune.

3. The State of Maharashtra, Through the Secretary, Home Department, Mantralaya, Mumbai - 400 032

...Respondents

Mr. Rahul Arote for the Petitioner Mr. H. J. Dedia, A.P.P for the Respondents-State CORAM : SMT. V. K. TAHILRAMANI & REVATI MOHITE DERE, JJ.

THURSDAY, 5 th JANUARY, 2017 ORAL JUDGMENT (Per Smt. V. K. Tahilramani, J.) : 1.

Heard both sides.

SQ Pathan 1/2

wp.4546.16.902.doc 2.

Rule. By consent, rule is made returnable forthwith and the matter is heard finally.

3.

By order dated 23rd November, 2016, the petitioner was granted parole by this Court for a period of 30 days on the medical ground of his wife, that is, his wife was required to undergo knee surgery. Pursuant to the said order, the petitioner was released on parole on 5th December, 2016. Now, the petitioner is seeking extension of parole on the ground that he has suffered a heart attack on 15th December, 2016. It is seen that on account of heart attack, he was admitted in J.J. Hospital, Mumbai. The case papers relating to the petitioner show that he has to undergo Coronary Ballon Angioplasty. Hence, on this ground, extension of parole is sought. 4.

In view of the above facts, we are inclined to extend the parole for a further period of 30 days.

5.

Rule is made absolute in the above terms.

(REVATI MOHITE DERE, J.) (V. K. TAHILRAMANI, J.) SQ Pathan 2/2