Bombay High CourtWP/821/2015others disposed off

Abdul Razique Abdul Nabi Sheikh (In Jail) v. Divisional Commissioner, Nagpur Division, Nagpur And Another

2015-11-27Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

2711cwp821.15.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 821 OF 2015 (Abdul Razique Abdul Nabi Sheikh Vs. Divisional Commissioner, Nagpur & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mir Nagman Ali, Advocate for the applicant. A.P.P. for respondents-the State.

CORAM : B. P. DHARMADHIKARI AND V. M. DESHPANDE, JJ.

DATED : 27 NOVEMBER, 2015 Heard Mr. Ali, learned Counsel for the applicant and learned A.P.P. for the non-applicants. Perused the reply.

It is an admitted fact that on earlier occasion, the petitioner reported late by 82 days after the expiry of his leave. The prosecution submits that for that omission, an offence under Section 224 of the Indian Penal Code has been registered.

Advocate Shri Ali submits that the petitioner surrendered voluntarily but late by 82 days. He submits that the petitioner has still not challenged the FIR in that matter.

Parole has been sought on the ground that father of the petitioner is suffering from tuberculosis.

2711cwp821.15.odt 2/2 The medical certificate has not been produced on record. However, police report shows that only reason for not recommending leave is his earlier abscondance. During hearing, we find that the petitioner has got an elder brother and also a mother. His father is undergoing treatment with a private medical practitioner at Gadchandur for tuberculosis. The present status of his health is not clear. The application for grant of parole was moved on 18/5/2015, i.e. more than six months back.

Hence, keeping all rival contentions open, we grant the petitioner leave to move appropriate application afresh, in accordance with law. With this leave, writ petition is disposed of. No costs. JUDGE JUDGE wwl