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Bombay High CourtWP/5277/2017rule discharged

Rajan John Rajmani v. The State Of Maharashtra And ORS

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

32. wp 5277.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5277 OF 2017 Rajan John Rajmani Age: 31 years, Occu: Service, R/o. Flat No. 16, S.No. 52, Pride Platinum, Bhagyodaya Nagar, Kondhwakhurd, Dist. Pune, (At present lodged in Yerwada Central Jail, Pune) .. Petitioner Vs.

1. The State of Maharashtra

2. The Inspector General of Prison, Western Zone Pune.

3. The Jail Superintendent, Yerwada Central Prison, Pune.

4. The Inspector of Police, Wanorie Police Station, Pune.

5. The Inspector of Police Kondwa Police Station.

.. Respondents Mrs.Harjeet Kaur Bhagwant Singh, for the Petitioner. Mrs. G.P. Mulekar, 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 sides.

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32. wp 5277.17.doc 2.

The petitioner has preferred an application for parole on the ground that Holy Communion of his son is to take place on 28/01/2018. Rule 19 of The Prisons (Bombay Furlough and Parole) Rules, 1959 does not provide for granting parole on such ground. The grounds on which parole can be granted are limited and present case is not covered by one of those grounds. Hence, we are not inclined to interfere. Rule is discharged.

3.

At this stage, we are informed that the petitioner has also preferred Cri. Application No. 1752 of 2017 for temporary bail before this Court as the Appeal No. 1017 of 2015 preferred by the appellant against his conviction and sentence is pending before this Court. It would be open to the petitioner to pursue his prayer in the said Application i.e. Cri. Application No. 1752 of 2017 which is for temporary bail.

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