Sandip Hemraj Sardar v. The State Of Maharashtra And Others

Cri.W.P. No.1693/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1693 OF 2023 Sandip Hemraj Sardar ... PETITIONER

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. R.A. Jaiswal, Advocate for petitioner Mrs. V.N. Patil Jadhav, A.P.P. for respondents .......

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE :

10th NOVEMBER, 2023 O R D E R :

Heard. Issue notice to respondents returnable forthwith. Learned A.P.P. waives service for the respondents. 2.

The petitioner's application for grant of parole leave on medical ground has been turned down only on the ground of there being no lapse of one and half year post his earlier release. The learned A.P.P., on this ground, strongly objects to allow the petition. 3.

We have perused the medical certificates, which suggests the petitioner's wife is suffering from "uterine prolapse" and she is to undergo an operation on 13th November 2023. It is

Cri.W.P. No.1693/2023 :: 2 ::

informed that, the father of the petitioner has passed away long back. The couple is blessed with a three year old child. 4.

This Court has granted leave many a time in spite of there being one and half year lapse between the last release and the application for grant of parole on medical ground. Since the medical ground has been made out, we allow the petition, directing the authorities concerned to grant the petitioner 21 days' parole on medical ground on usual terms and conditions. The petitioner be released on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand). The petitioner shall attend Varsova Police Station, Andheri, Mumbai twice a week i.e. on every Wednesday and Saturday between 7.00 p.m. to 9.00 p.m. during the period of his parole leave.

5.

The petition stands disposed of.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) fmp/-