Javed Abdul Gafoor Mozawala v. The State Of Maharashtra And ORS.

Sr.No.905 WP 507.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SSK CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 507 OF 2015 Javed Abdul Gafoor Mozawala ....Petitioner versus The State of Maharashtra and ors.

....Respondents Ms. Farhana Shah, advocate for the petitioner. Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 10th February, 2015.

P.C.:

Heard Ms.Shah, learned counsel for the petitioner and Mr.Saste, learned APP for the State.

2.

The petitioner was released on parole by order dated 23rd December, 2014, for a period of one month. The petitioner, however, availed parole on 8th January, 2015. Thus, the period of one month has expired on 8th February, 2015. Prior to the expiry of this period, the petitioner preferred an application for extension of parole on the ground of sickness of his wife, a copy of which is annexed at "Exhibit C", page 15. A short grievance of the petitioner is that this application though preferred in advance and in accordance with relevant rules is still not decided. Mr. Saste, learned APP submitted that the appellate authority may be directed to decide the petitioner's application for extension. Shubhada S Kadam 1/2

Sr.No.905 WP 507.15 3.

In the above circumstances, the petition can conveniently be disposed of by directing the appellate authority of the Home Department to dispose of the petitioner's application for extension of parole a copy of which is annexed at "Exhibit C" as expeditiously as possible and, in any case, within a period of one week from the date of receipt of this order. Ordered, accordingly.

4.

The parole granted to the petitioner is extended till the disposal of the said application.

5.

The petitioner shall approach the appellate authority along with copy of this order.

6.

All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.

7.

In view of the above, the petition stands disposed of. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 2/2