Sayyed Sarfaraz Abdul Kadar v. The State Of Maharashtra And Others

2024:BHC-AUG:13905-DB 976-WP-1106-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1106 OF 2024 Sayyed Sarfaraz Abdul Kadar ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.S. Shaikh, Advocate for petitioner Mr. S.V. Hange, A.P.P. for respondents ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 11th JULY, 2024 PER COURT :

1.

Petitioner's application for grant of parole has been rejected only on the ground of there being no lapse of one and half year in filing subsequent application.

2.

It is a matter of record that when the similar matter was there before this Court, Bench at Nagpur, State had made a statement that they were going to have a re-look at proviso to Rule 19 and they may consider of withdrawing that condition, and therefore, the Bench was short of quashing of the said rule. It appears that since then State has not taken any action on its statement. There is no other hurdle for present petitioner for being released on parole.

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976-WP-1106-24.odt 3.

We, therefore, direct the authorities concerned to grant the applicant parole of thirty (30) days, if there is no other hurdle than no lapse of one and half years in between earlier release of the petitioner and subsequent/present application. With these observations, criminal writ petition stands disposed of.

( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2