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Bombay High CourtWP/3386/2019others disposed off

Rakesh Mahadu Dandekar v. The Addl. Secretary (Home Secretary) And ANR

2019-07-15Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

1 wp­3386.19.docx pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3386 OF 2019 Rakesh Mahadu Dandekar ... Petitioner

Versus

The Addl. Secretary and Anr.

... Respondents Mr. Prosper D'souza for the Petitioner.

Mr. Arfan Sait, APP for the Respondents ­ State. CORAM :

B.P. DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.

DATE :

15th JULY, 2019.

P.C. :

Heard for sometime. Certificate dated 9th March 2019 shows that the mother needs surgical intervention for some foot problem. Till date, date of surgery is not fixed.

The parole sought for has been rejected mainly on the ground of model code of conduct then in force for parliamentary elections. That event is now over. We therefore grant petitioner leave to apply afresh after date of surgery is fixed. Petitioner to apply directly to the competent authority namely Divisional Commissioner, Pune for expeditious disposal of his request. If a proper certificate with schedule is received by respondents with such application, they shall verify the same and pass suitable orders upon it within one week of its receipt.

2 wp­3386.19.docx Needless to mention that release on parole shall be only for a period during which the matter shall be admitted for surgery and for a period thereafter as the authorities may deem fit. The petition is thus partly allowed and disposed of. (MRS. SWAPNA S. JOSHI, J.) (B.P. DHARMADHIKARI, J.)