Kushal Puri, Presently Serving Sentence At Central Jail Colvale., v. The Under Secretary (Home Ii), Govt. Of Goa And ANR.,

Maria S. 1 wpcr-50-2018 dt.01-03-18

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 50 OF 2018 KUSHAL PURI, PRESENTLY SERVING SENTENCE AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

THE UNDER SECRETARY (HOME II), GOVT. OF GOA AND ANR., ... Respondents Mr.

T. George John, Advocate for the petitioner.

Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondents.

Coram:- N. M. JAMDAR & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 1 March 2018 P. C.

Heard learned Counsel for the petitioner and the learned Additional Public Prosecutor.

2.

The petition was kept back for the learned Additional Public Prosecutor to take instructions as to whether the application for extension filed by the Petitioner has been decided. Learned Additional Public Prosecutor states that the application is not yet decided and is likely to be decided today.

Maria S. 2 wpcr-50-2018 dt.01-03-18 3.

The Petitioner has been granted parole and the last date is today, i.e. 1 March 2018 before 06:00PM. The learned Counsel for the Petitioner makes a grievance that if the application is rejected, the Petitioner's opportunity to challenge the order is lost. The petitioner had, in fact, applied for extension on 6 February 2018. If the Petitioner had applied almost one month in advance, it is not proper on the part of the authorities to decide the application for extension at the last moment leaving no opportunity to the Petitioner to test the validity of the same. We, therefore, find merit in the prayer made by the Petitioner that the Petitioner be granted 8 days' further time.

4.

We accept the statement made by the learned Additional Public Prosecutor that the application for extension will be decided today. Based on this statement we extend the parole leave for a period of 8 days.

5.

We make it clear that this application is granted in the circumstances above and shall not be considered as a reflection on the claim of the Petitioner for extension made on the application and the authority shall decide the application for extension on its own merit. 6.

So that such situation does not recur in future, we direct

Maria S. 3 wpcr-50-2018 dt.01-03-18 the Under Secretary to ensure that the applications for extension are decided, if they are made in advance by the applicant, atleast 3 days before the last date, otherwise, it amounts to deprivation of the rights of the applicant to approach the Court.

7.

The Writ Petition is, accordingly, disposed of in above terms.

8.

All parties to act on the authenticated copy of this order. The Additional Public Prosecutor will inform the order to the Respondent no. 1 without waiting for the copy of this order. Prithviraj K. Chavan , J. N.M. Jamdar, J.