Pandurang S/O Narayan Kadam v. Prashant Burde

2025:BHC-AUG:2871-DB 961-CP-930-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 930 OF 2024 IN CRIMINAL WRIT PETITION NO. 1843 OF 2024 Pandurang Narayan Kadam ..PETITIONER

VERSUS

Prashant Burde ..RESPONDENT ....

Mrs. S.N. Deshmukh, A.PP. for respondent - State ....

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

DATE : 30th JANUARY, 2025 PER COURT :

1.

This contempt petition is filed for non-compliance of order dated 25th October, 2024, whereby following directions were issued :- "1.

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

2.

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

3.

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

961-CP-930-24.odt 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." 2.

Learned A.P.P. appearing for the answering respondent submits that the order has been complied with. She submits across the bar affidavit-inreply of the sole respondent. We have gone through the same. Unconditional apology is tendered for delay in complying the order of this Court. We accept the apology and dispose of the contempt petition. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) SSD