Shabu @ Shahabuddin Shambuddin Pathan (In Jail) v. The State Of Maharashtra. Thr. Divisional Commissioner, Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 404/2016.

Shabu @ Shahabuddin Shambuddin Pathan -VERSUSThe 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.

CORAM : B. P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : AUGUST 24, 2016.

Shri Badar, learned Counsel has argued the matter for petitioner with consent of Shri Dahat, learned Counsel for the petitioner. Ms. M.H. Deshpande, learned A.P.P. for respondents.

2.

It is seen that the petitioner was given parole from 28.03.2016 for a period of one month on account of paralysis of his wife, and it was extended by order dated 21.04.2016 by 30 more days. The extended period was to expire on 27th May or 28th May, 2016. Before that, on 16.05.2016, he sought second extension. That extension was rejected on

20.05.2016 and it is received by the petitioner when he was out of prison.

3.

Affidavit in support of the petition is sworned on 02.06.2016 by the petitioner, when he was out of prison. In other words, though period of extension had expired, he did not surrender back. 4.

Though matter was filed before this Court on 03.06.2016, objections were not removed till 27.06.2016 i.e. the date on which second extension as asked for, expired. The matter was then listed before this Court on 29.06.2016 and this Court has issued notice.

5.

Looking to this conduct of the petitioner, we are not inclined to exercise extra ordinary jurisdiction. Writ Petition is thus, rejected. No costs. JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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