Nadimoddin Najimoddin (In Jail) v. State Of Maharashtra, Through Divisional Commissioner, Central Prison, Amravati And Another

1 wp525-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.525 of 2015 Nadimoddin Najimoddin (In Jail) -Versus - The State of Maharashtra through Divisional Commissioner, Central Prison, Amravati and another.

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Mrs. S.D. Chande, Advocate for petitioner.

Ms. N.P. Mehta, APP for respondents.

CORAM : A.B.CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : 11th August, 2015.

1.

The petitioner has approached this court being aggrieved by the impugned order passed by the competent authority rejecting parole leave for 30 days claimed by the petitioner on the ground of illness of his mother. 2.

Heard learned counsel for both the sides. Perused affidavit-inreply filed by the respondents and the documents in support of petition. We have noted that petitioner is undergoing imprisonment for life for the offence punishable under section 302 of IPC by judgment dated 29.02.2012.

3.

The application dated 5.2.2015 of petitioner came to be rejected by impugned order on considering adverse police report as well as on 5.8.2013 when he was released on leave he overstayed for 497 days and also on the ground that no documents were placed on record in support of his claim of illness of his mother for which parole is sought for. From the medical certificate relied on by the petitioner it appears that petitioner's mother is suffering from heart disease. There are no other documents to substantiate said claim to know the gravity of disease alleged to be sustained by petitioner's mother.

3.

In that view of the matter, we find no reason to interfere with

2 wp525-15.odt the order passed by the competent authority. Petition is devoid of merits Hence, we make the following order.

ORDER.

1.

Criminal Writ Petition No. 525/2015 is dismissed. 2.

Legal fees to be paid to the appointed counsel is quantified as Rs.1,500/-.

JUDGE JUDGE Hirekhan