Muzammil Umar Kadri v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1099 OF 2026 Muzammil Umar Kadri ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Ms. Aisha Ansari for the Petitioner.

Smt. P.P. Shinde, APP, for the Respondent-State. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 10th April, 2026.

P.C.:- 1) By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking parole leave for his own medical treatment. 2) Heard Smt. Ansari, learned Advocate for the Petitioner and Smt. Shinde, learned APP for the State. Peruse record. 3) It is the case of the Petitioner that, he is suffering from paralysis since his detention in the year 2022. That, the Petitioner was admitted to Civil Hospital, Nashik and was discharged on 29th March, 2022. However, according to him, he has not recovered and on the contrary his condition is worsening day by day.

4) Learned Advocate for the Petitioner submitted that, the 1/3 SANDHYA BHAGU WADHWA by SANDHYA BHAGU WADHWA Date:

2026.04.20 13:29:32 +0530

Petitioner requires regular physiotherapy which is not being provided to him by the Jail Authority and therefore seeks release on parole leave for his own medical treatment.

5) Learned APP produced on record the Medical Certificate issued by Civil Surgeon, Nashik. Annexed thereto is the opinion given by the Medical Board constituted by the Civil Hospital, District Nashik. 5.1) Perusal of said Certificate indicates that, it is signed by 7 Surgeons who constituted the Board. The conclusion drawn by the Medical Board and mentioned in Medical Certificate dated 2nd April, 2026 is as under:- "Conclusion:

After history, clinical examination and investigation findings on 25/03/2026 medical committee is of opinion that -

1. Prisoner at present having no fresh complaints and no need of admission in hospital and not require emergency surgical intervention at present.

2. Prisoner is not suffering from any disabilities and require no assistance for daily routine activities at present.

3. He had history of old CVE (Right side hemeparesis recovered) on treatment.

So he is physically and mentally fit."

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6) In view of the above, in our considered opinion, we find no reason to disbelieve the report of the Medical Board, who have issued the Medical Certificate dated 2nd April, 2026, certifying that the Petitioner is physically and mentally fit.

7) In view of the above, we find that, the relief claimed by the Petitioner is unwarranted and does not deserve to be granted. 8) Petition is accordingly disposed off.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) 3/3