Ravi Vasantrao Gaikwad(C-9787) v. The State Of Maharashtra And Others

2025:BHC-AUG:6600-DB criwp No.18-2025

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 17 CRIMINAL WRIT PETITION NO. 18 OF 2025 RAVI VASANTRAO GAIKWAD(C-9787)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Advocate for the Petitioner : Mr. Madhukar Maroti Parghane APP for Respondents-State : Mr. A.R. Kale ....

CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

Dated : 06th March 2025 ORDER :- 1.

The present petition has been filed to challenge the order dated 25.10.2024, passed by respondent No.3, rejecting the medical parole leave to the petitioner. It is on account of illness of the petitioner's wife.

2.

We have heard the learned Advocate for the petitioner as well as learned APP for the State. We have also considered the affidavit-in-reply and the documents annexed thereto. 3.

The learned Advocate for the petitioner submits that he had made an application for parole leave. At that time, the petitioner

criwp No.18-2025 was not armed with a medical certificate issued by the government hospital. He had produced the certificate issued by the private hospital and that is the only ground on which his application was rejected. Now the petitioner is having certificate issued by the government hospital.

4.

In view of the said fact, we remand the matter to respondent No.3 for its further consideration. We allow the petitioner to tender the original certificate which the petitioner has, from the government hospital, before respondent No.3. We set-aside the order dated 25.10.2024, passed by respondent No.3 and direct respondent No.3 to consider the application for medical parole of the petitioner a fresh and to be decided within a period of four weeks. [ SANJAY A. DESHMUKH ] JUDGE [ SMT. VIBHA KANKANWADI ] JUDGE asd