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Bombay High CourtWP/5557/2018others disposed off

Ganesh Devidas Shinde v. The State Of Maharashtra

2019-02-18Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice A.S. Oka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5557 OF 2018 WITH CRIMINAL APPLICATION NO. 48 OF 2019 IN CRIMINAL WRIT PETITION NO. 5557 OF 2018 Ganesh Devidas Shinde .....Petitioner/ Applicant.

Vs.

The State of Maharashtra ....Respondent.

None for the Petitioner/Applicant.

Ms. P.P. Shinde, APP for the Respondent-State. CORAM : A. S. OKA, AND A. S. GADKARI, JJ.

DATE : 18th FEBRUARY, 2019.

P.C.:- In terms of Order dated 4th February, 2019 Shri Vitthal N. Jadhav, Special Inspector General of Police (Prison) has filed an Affidavit. Along with the said Affidavit, a copy of the circular issued by the Additional Director General of Police Shri. Rajwardhan is also annexed.

We direct the State Government to forward copies of the said circular to the Superintendents of all the prisons in the State of 1/2

ssm 2 14-wp5557.18gp.doc Maharashtra with a direction to scrupulously comply with the same. In the present case, the death of the Petitioner's grandmother occurred on 9th March, 2018. Therefore, today his case for grant of emergency parole cannot be considered. The concerned Jail Authorities ought to have been more sensitive and careful while dealing with such Application. As a result of their default, the prisoner was deprived of facility of the emergency parole.

Subject to what is directed above, no other relief can be granted in this Petition and the same is disposed of. Criminal Application No.48 of 2019 does not survive and the same is also disposed of.

(A.S. GADKARI, J.) (A.S. OKA, J.) 2/2