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Bombay High CourtWP/297/2024allowed

Abdul Nadeem Abdul Majid v. State Of Mah. Thr. Divisional Commissioner Amravati Dist.Amravati And Another

2024-04-03Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 cri.wp-297-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.297/2024 Abdul Nadeem Abdul Majid Vs.

State of Maharashtra through Divisional Commissioner, Amravati and another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.Y. Sharma, Advocate for Petitioner Mrs. Nandita Tripathi, APP for Respondent Nos.1 and 2 CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATED : 3rd APRIL, 2024 Heard Mr. Sharma, learned counsel for the petitioner. The petition seeks to challenge the order dated 28/3/2024, by the respondent No.1, rejecting the application of the petitioner, for extension of parole, which was earlier granted for a period of 45 days by the order dated 08/02/2024, by further period of 15 days. It is contended, that since the wife of the petitioner is suffering from heart ailment and there is no other male member in the family to look after her, 15 days extension was required to be granted. Though the extension is opposed by learned APP on the ground that it can only granted in exceptional circumstances, however,

2 cri.wp-297-2024.odt considering the fact that the ailment of the wife has already been considered as an exceptional circumstance for grant of parole, which still continues, extension for further period of 15 days from 30/03/2024, would not be unjustified. In that view of the matter, we allow the petition by extending the parole of petitioner for a further period of 15 days from 30/03/2024 subject to the condition that the petitioner shall not indulge into any illegal activities during this parole. (SMT. M.S.JAWALKAR,J.) (AVINASH G. GHAROTE,J.) MP Deshpande