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Bombay High CourtWP/461/2019dismissed

Prashant Arjun Mande v. Divisional Commissioner, Amravati

2019-08-05Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.461 OF 2019 (Prashant Arjun Mande vs. Divisional Commissioner, Amravati Division, Amravati and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri M.N. Ali, Advocate (appointed) for petitioner. Smt. N.R. Tripathi, Additional Public Prosecutor for respondents.

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

DATED : AUGUST 5, 2019 This petition is filed by petitioner for grant of parole on the ground of ill health of his wife. In support of petition, petitioner has relied upon medical certificate dated 3/11/2018. The competent Authority has duly considered the same and passed impugned order dated 18/3/2019 observing that the medical certificate does not establish serious ailment of petitioner's wife and except submitting such medical certificate, there are no other investigation papers or prescriptions whatsoever provided by petitioner and, therefore, has rejected the application.

In view of reasons put forth in the impugned order, we find that no interference is required as even otherwise the alleged ailment suffered by petitioner's wife is not found to be serious in any manner and the same was suffered by petitioner's wife in November

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In that view of the matter, we dismiss the petition with liberty in favour of petitioner to file a fresh application for parole in the event need arises. Fee payable to learned Counsel appointed for petitioner is quantified as rupees one thousand five hundred.

JUDGE JUDGE khj