Bombay High CourtWP/884/2019dismissed

Firoz S/O Chandkhan Pathan v. State Of Mah., Thr. Divisional Commissioner Nagpur And Another

2019-11-27Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar,Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp884.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 884/2019 Firoz C. Pathan ..VS..

State & anr.

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s or Judge'

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s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.Y. Sharma, Advocate for the petitioner Ms. N.R. Tripathi, APP for the respondent/State CORAM : Z.A.HAQ & M.G.GIRATKAR, JJ.

DATED : 2 /11/2019 Heard.

Request of the petitioner for grant of parole leave on the ground that his father is suffering from serious illness is rejected.

According to the respondents, when the petitioner was earlier released on parole in 2018, Crime No. 317/2018 for the offence punishable under Section 325 read with Section 34 of the Indian Penal Code was registered against him.

Learned advocate for the petitioner submitted that subsequently the petitioner was released on bail in Crime No. 317/2018 and he had surrendered on due date. It is further pointed out that though medical certificate produced on record is dated 20/05/2019, surgery could not be performed, and to substantiate this, certificate dated

2 wp884.19 23/09/2019 issued by Dr. Mrs. Jayashree Choudhary of G.T. Padole Hospital, Ring Road, Nagpur is pointed out. Normally, we give due weightage to the certificates issued by medical practitioners as we are not experts in that field, however, in the present case, we find that the petitioner is claiming that his father Shri Sheikh Chand Ayub Pathan is suffering from Renal Calculus & pain in abdomen and the certificate is issued by a lady Doctor who is Consultant Obstetrician & Gynaecologist. Hence, we doubt the genuineness of the claim of the petitioner and dismiss the petition. No costs.

JUDGE JUDGE ANSARI