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Bombay High CourtWP/277/2015rule discharged

Ravindra Vitthal Parab v. The State Of Maharashtra

2016-04-11Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 277 of 2015 Ravindra Vitthal Parab ..Petitioner v/s.

The State of Maharashtra .

..Respondents Mrs. Rohini Dandekar, Advocate appointed for the Petitioner. Mr.H.J.Dedhia, APP for the Respondent/State.

CORAM : SMT. V.K.TAHILRAMANI & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : APRIL 11, 2016.

P.C.

1.

Rule. Rule made returnable forthwith.

2.

The petitioner was released on parole for 30 days. Thereafter, the petitioner preferred an application for extension of parole. The said application was rejected. Hence this petition. 3.

The learned APP has brought to our notice that in Sessions Case No. 347 of 2011, by judgment and order dated 30.12.2012 the learned Addl. Sessions Judge 2, Thane, convicted the petitioner under Section 302 of IPC and sentenced him imprisonment for life. salgaonkar

7 wp 277-15.doc Being aggrieved thereby, the petitioner preferred Criminal Appeal No.138 of 2013 before this Court. This Court, by judgment and order dated 12.11.2014 set aside the conviction under Section 302 of the Indian Penal Code and instead convicted the petitioner under Section 304 part II of the Indian Penal Code and sentenced him to rigorous imprisonment for 5 years and to pay fine of Rs.10,000/­ i.d. rigorous imprisonment for one year.

4.

The learned APP has produced the report of the Superintendent of Kolhapur Central Prison, in which it is stated that the petitioner on completing his sentence, has been released from prison in September 2015. The report of the Superintendent, Kolhapur Central Prison along with annexures is taken on record and marked "X" colly. for identification.

5.

In this view of the matter,this writ petition is infructuous, hence, rule is discharged.

(ANUJA PRABHUDESSAI, J.) (SMT. V.K.TAHILRAMANI, J.) salgaonkar