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Bombay High CourtWP/414/2019dismissed

Imran Yusuf Sheikh v. The Superintendent, Central Prison, Nagpur

2019-06-17Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Smt. Justice Pushpa V. Ganediwala1 pages

1706wp414.19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.414 OF 2019 (Imran Yusuf Sheikh vs. The Superintendent, Central Prison, Nagpur) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. S.B. Khobragade, Advocate for petitioner. Mrs. M. Deshmukh, Additional Public Prosecutor for respondent.

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

DATED : JUNE 17, 2019 The petitioner has filed this petition for grant of death parole to attend 40th day ceremony of her daughter, who died on 1/4/2019.

Admittedly, petitioner was allowed to attend last rites of petitioner's daughter as per order of this Court. However, considering the fact that petitioner is undergoing sentence having been convicted for the offences punishable under the Protection of Children from Sexual Offences Act, 2012, according to amended provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959, he is found not eligible for parole or furlough though he is eligible only for death parole or emergency parole.

In that view of the matter, we do not find any substance in the petition. The petition is, therefore, dismissed.

JUDGE JUDGE khj