Mahesh Janardhan Gonnade v. Divisional Commissioner Nagpur Division Nagpur And Another

1 cwp331.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.331 OF 2018 [Mahesh Janardhan Gonnade .vs. Divisional Commissioner, Nagpur Division, Nagpur and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms S.B. Khobragade, counsel for the petitioner, Shri V.M. Maldhure, APP for the respondents.

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CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOS HI, JJ .

DATED : APRIL 09, 2018.

By this criminal writ petition the petitioner has sought the extension of his parole leave so that his wife could take psychiatric treatment for her mental illness. According to the petitioner, his wife suffers from mental stress and suicidal tendency and she needs to be treated by a psychiatrist as she could not be properly treated by a physician. Certain certificates are also annexed to the writ petition in that regard.

It would not be proper to grant extension of parole leave to the petitioner in the circumstances of the case. The daughters of the petitioner are quite old and they are capable of taking their mother to the psychiatrist. It appears that the petitioner has availed parole and furlough leave on almost 16-17 times. In the circumstances of the case, especially the wife of the petitioner is only suffering from psychological problem, extension of parole leave cannot be granted.

In the result, the criminal writ petition fails and is dismissed.

JUDGE JUDGE Gulande