Pandurang Narayan Kadam v. The State Of Maharashtra And Others

2024:BHC-AUG:26595-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CRIMINAL WRIT PETITION NO.1843 OF 2024 PANDURANG NARAYAN KADAM

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. R.A. Jaiswal, Advocate for petitioner Mr. G.A. Kulkarni, APP for respondent Nos.1 to 4 ...

CORAM :

SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE :

25th OCTOBER, 2024 ORDER :

Issue notice to respondents. Learned APP waives notice for all respondents.

The first and the foremost fact to be noted is that the petitioner is challenging the order rejecting the parole leave on account of illness of his daughter. According to the petitioner, his daughter is suffering from Massive Pericardial Effusion with Cardiac Tamponade. We have perused the medical certificate issued by the Doctor of a private hospital, which is stated to be

928_Cri.WP_1843_2024 dated 14.06.2024. In fact, it is totally illegible, but one typed copy has been produced.

The leave has been rejected on the count that the said certificate is by private hospital and not certified or verified by Government Hospital. Under the said circumstance, learned Advocate for the petitioner undertakes that the relative of the petitioner would supply all the documents to the Jail Authorities within two days. Thereupon, the Jail Authority may get an opinion, on the basis of documents, from Doctor of Government Hospital. After obtaining such opinion, respondent No.2 to take decision without influencing the impugned order and proceed to pass fresh order within three days from such opinion. The opinion to be taken immediately from the concerned Government Hospital. With these directions we dispose of the writ petition.

(S.G. CHAPALGAONKAR, J.) ( SMT. VIBHA KANKANWADI, J. ) agd