Bhanudas Damodhar Davane v. The State Of Mahrashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 679 OF 2016 (Bhanudas Damodhar Davane Vs. The State of Maharashtra) ---- Mrs. Vidya Narale, Advocate (appointed) for the petitioner Mr. A.R. Borulkar, A.P.P. for respondent ---- CORAM :

S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 23rd August, 2016 PER COURT :

We have heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The perusal of the report dated 10th August, 2016, received from the District Civil Hospital, Thane, reveals that all the investigation reports of the patient - Mrs. Usha Damodhar Davane i.e. the mother of the petitioner are within normal limits. The opinion expressed by the Medical Officers of the said Civil Hospital is that the patient - the mother of the petitioner has Hypertension with Diabetes Mellitus under control and having Acid Peptic Disease which can be treated by medication. In that view of the matter, we are satisfied that the presence of the petitioner, as

criwp679-2016 stated by him for medical treatment of his mother, is not necessary.

3.

However, we are inclined to direct respondent Nos. 2 and 3 to decide the pending application of the petitioner for extension of the parole leave in accordance with law, as expeditiously as possible; however, within one week from today and communicate the said decision to the petitioner.

4.

The writ petition stands disposed of in the above terms.

5.

Since Mrs. Vidya Narale, learned counsel was appointed as Amicus Curiae to defend the petitioner in this petition through the High Court Legal Services Sub Committee, Aurangabad, her fees be paid by the said Committee as per the Schedule of Fees maintained by the said Committee.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/criwp679-2016