Anil Sherbahadur Giri v. The State Of Maharashtra And ANR.

905 wp 3567.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3567 of 2018 Anil Sherbahadur Giri .....Petitioner versus The State of Maharashtra and anr.

....Respondents Ms. Farhana Shah, advocate for the petitioner. Mrs. Aruna S. Pai, APP for the State.

CORAM : RANJIT MORE & SMT.BHARATI H. DANGRE, JJ.

DATE : 28th AUGUST, 2018.

P. C. :

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

2.

The petition is filed seeking direction for release of the petitioner on parole for a reasonable period. The petitioner has not approached the competent authority and has directly approached this Court under Article 226 of the Constitution of India on the ground of medical condition of his mother.

3.

Learned APP, on instructions, makes a statement that the petitioner has younger brother and married sister who can take care of the mother.

Digitally signed by Shubhada Shankar Kadam Date:

2018.08.30 10:42:18 +0530 Shubhada S Kadam 1/2 Shubhada Shankar Kadam

905 wp 3567.18.doc 3.

Be that as it may, the petitioner is convicted for life imprisonment for the offences punishable under MCOC Act. Earlier, the petitioner was granted parole in the year 2014 and the said parole leave expired on 12th September, 2014. This Court extended the parole leave till 25th September, 2014. The petitioner was expected to surrender to the prison authorities on or before 25th September, 2014. However, he overstayed for the period of 389 days, and ultimately, he was arrested and brought back to the prison on 20th October, 2015. 4.

Taking the above facts into consideration, we are not inclined to entertain this petition. The petitioner is, however, at liberty to approach the competent authority for parole. The writ petition is, accordingly, dismissed.

[SMT.BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2