Ramesh Maruti Patil v. The State Of Maharashtra And ORS.

34-wp-5100.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5100 OF 2019 Ramesh Maruti Patil ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents Mr. Daulat Khamkar for the petitioner.

Mrs. M.H. Mhatre, APP for the State.

CORAM : B.P. DHARMADHIKARI & SANDEEP K. SHINDE, JJ.

DATE :

OCTOBER 11, 2019 P.C.:

Parole sought on the ground of illness of wife has been rejected by the competent authority on 10/1/2019 and appeal against it has been rejected on 15/7/2019.

2.

The doctor's certificate on the basis of which parole was sought is dated 20/9/2018. Doctor then had advised laminetomy and discectomy.

3.

In this petition, certificate issued by the very same doctor dated 30/08/2019 has been annexed. It is on the same lines. The facts therefore, show that the period of more than one year has expired but wife of the petitioner has not been operated at all or treated. Though learned APP is seeking time to obtain nilegaonkar 1/2

34-wp-5100.2019.odt instructions in the matter, in this situation, we are inclined to give opportunity to the petitioner to submit necessary document with appropriate certificate. If such certificate pointing out the date of surgery and schedule thereof is received by the respondents, after due verification, they are free to pass suitable orders in accordance with law.

4.

With these directions and observations, we dispose of the writ petition.

(SANDEEP K. SHINDE, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2