Soyeb Ali Mehtab Ali v. Divisional Commisioner Amravati Division, Amravati And Another

15. APPW 74-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR APPW NO.74/2020 IN CRIMINAL WRIT PETITION NO.410/2020 (D) PETITIONER :

Soyeb Ali S/o Mehtab Ali, Aged about. 25 years, R/o Iqbalpur, Roorkee, Haridwar (Uttarakhand), (C/5490, Central Prison, Amravati) ...VERSUS...

RESPONDENT: Superintendent of Jail, Central Prison, Amravati District Amravati ---------------------------------------------------------------------------------------------- Ms Sonali B. Khobragade, Counsel for applicant Shri A.R. Chutke, Counsel for respondent ---------------------------------------------------------------------------------------------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATE : 28/10/2020.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.) 1.

Rule. Rule made returnable forthwith. The application is heard finally with the consent of the learned Counsel for the parties.

2.

In this case the applicant has sought emergency death parole for the purpose of attending last rites of his deceased sister at

15. APPW 74-2020.odt Roorkee, Haridwar, Uttarakhand. It is not in dispute that the sister of the petitioner died on 23/02/2020. As per the circular dated 15/05/2000, a prisoner, who is Muslim, can be granted emergency death parole for attending last rites which are going to be held on 40th day from the date of death. The 40th day, in the present case has gone by long ago. It is obvious that now the application has been rendered infructuous. The application is dismissed as infructuous.

Rule is discharged JUDGE JUDGE J.Pethe