Ahmed Beg Afsar Beg v. State Of Mah., Thr. Divisional Commissioner, Amravati And Another

0502wp97.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.97 OF 2020 (Ahmed Beg Afsar Beg vs. The State of Maharashtra and another) ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s orders or directions and Registrar'

s orders.

Ms. S.H. Bhatia, Advocate (appointed) for petitioner.

Mrs. N.R. Tripathi, Additional Public Prosecutor for respondents.

----------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

DATED : FEBRUARY 5, 2020 The prayer in this petition is for emergency parole to attend the rituals to be held on the 40th day after death of petitioner's father. Perusal of the impugned order reveals that petitioner's application came to be rejected on the ground that he did not furnish surety, who was competent to take his care. However, during the course of submissions, Ms. Bhatia, learned Counsel for petitioner, submitted that apart from the said reason, death of petitioner's father had occurred on 14/10/2017 and petitioner had applied before competent Authority for his release on 31/10/2017. His application was rejected after lapse of 40th day from the death of his father.

0502wp97.20 2/2 In the given set of circumstances, we find that as 40th day has already lapsed, there is no purpose for allowing the petition as the same is found to have become infructuous. The petition is, therefore, dismissed.

The fee payable to learned Counsel appointed for petitioner is quantified as rupees fifteen hundred.

JUDGE JUDGE khj