Beda Cecelia Fernandes., v. State Of Goa, Thr. Inspectorate General Of Prisons, Panaji And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.125 OF 2019 Mrs. Beda Cecelia Fernandes Mother of Ryan Paul Fernandes (Prison No.9/2007) 63 years, resident of H.No.993, Oval Park, Porvorim, Bardez-Goa.

Presently residing at H.No.852/1, Oval Park, Near Janata Stationary Mart, Porvorim, Bardez-Goa.

.... Petitioner V/s.

1. State of Goa, Through Inspectorate General of Prisons 18th June Road, Old Educational Building, Panaji-Goa.

.... Respondents Mr. G. Teles, Advocate for the Petitioner.

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

Coram :- S. C. GUPTE & NUTAN D. SARDESSAI, JJ.

Date:- 6th June 2019 ORAL JUDGMENT : (Per S. C. GUPTE, J) Heard Mr. G. Teles, learned Counsel for the petitioner, and the learned Additional Public Prosecutor for the respondents.

2.

Rule. Learned Additional Public Prosecutor waives notice on behalf of the respondents.

3.

Heard forthwith with the consent of learned Counsel appearing for the parties.

4.

The petitioner's case for parole is on the ground that his mother is suffering from serious illness, namely, cerebro vascular insufficiency and dementia, as a result, coupled with high diabetes and requires urgent medical attention. The petitioner also submits that his wife, who was said to be in the final trimester of pregnancy, is presently eight months pregnant and had to be rushed to hospital for an emergency treatment. It is submitted that the petitioner has made an emergency parole application couple of days back, i.e. on 04/06/2019. 5.

Learned Additional Public Prosecutor submits that the factum of the petitioner's wife's pregnancy was not brought to the notice of the authorities when the impugned order was passed on the petitioner's application for regular parole. He submits that in view of today's emergent situation, the petitioner's application made on 04/06/2019 for emergent parole may be considered expeditiously by the authorities. 6.

It is accordingly directed that the prison authorities

shall examine the petitioner's request for emergent parole made on 04/06/2019 as early as possible and at any rate, within a period of two weeks from today.

7.

Petition is disposed of in the above terms.

NUTAN D. SARDESSAI, J.

S. C. GUPTE, J.

NH