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Bombay High CourtWP/747/2024allowed

Chandu @ Chandrasekhar S/O Prabhakar Sarode v. The State Of Maharashtra Thr. The Superintendent Open Prison Amravati And Another

2024-12-05Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Mrs. Justice Vrushali V. Joshi1 pages

2024:BHC-NAG:13246-DB 1 Cri.WP-747-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.747 of 2024 [Chandu @ Chandrashekhar S/o Prabhakar Sarode (In Jail) VERSUS State of Maharashtra and another] Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s order Registrar'

s orders.

Shri J.D. Bastian, Counsel for Petitioner.

Ms N.R. Tripathi, Additional Public Prosecutor for Respondents. CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI , JJ .

ATE : DECEMBER 05, 2024 1.

Heard.

2.

We have perused the medical papers of the father of the petitioner, viz. Prabhakar Sarode, aged 64 years, issued by the All India Institute of Medical Sciences (AIIMS), Nagpur. The father of the petitioner, a senior citizen, on his own went to AIIMS, Nagpur to get him examined, where the advice of surgery is given by the doctor. The ailment is in relation to eye.

3.

In this background, the embargo of 18 months created by the rules will not operate or attract. That being so, the order impugned in this petition is quashed and set aside.

4.

The petition stands allowed.

5.

We direct the release of the petitioner on parole in accordance with the relevant rules.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) LANJEWAR