Yashwant S/O Baburao Munde v. The State Of Maharashtra And Another

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL WRIT PETITION NO.1505 OF 2014 YASHWANT S/O BABURAO MUNDE

VERSUS

THE STATE OF MAHARASHTRA AN ...

Advocate for Petitioner : Mr.Jaiswal Rupesh A APP for Respondents/State: Mr.D.V. Tele.

...

CORAM : S.S. SHINDE & N.W. SAMBRE, JJ.

Dated: DECEMBER 24, 2014 ...

Heard learned Counsel for the petitioner and learned APP for the State. It is contention of the learned Counsel for the petitioner that mother of the petitioner is suffering from serious ailment and the doctor has suggested operation. He further submits that the petitioner is the only male member in the family and therefore, directions may be given to the respondents to extend parole leave.

We have considered the submissions of

the learned counsel for the petitioner, perused the affidavit-in-reply filed by the respondent - authority. In para 3 of the said reply, it is stated that parole leave application of the petitioner came to be allowed on 11.9.2014 and accordingly, he came to be released on parole on 25th September, 2014 till 25th October, 2014. The petitioner applied for extension of parole leave on 27th October, 2014 and 24th November, 2014. By order dated 6th December, 2014 his parole leave came to be extended till 12th December, 2014 though the police report was adverse, as the mother of the petitioner is suffering from illness.

Learned APP, on the basis of office record, submits that the ailment of mother of the petitioner is not so serious so as to extend parole leave.

Taking into consideration the averments in the affidavit and also upon perusal of the medical certificate, we are of the opinion that the authorities have rightly refused extension of parole leave.

Therefore, we are not inclined to entertain petition of the petitioner. Petition

stands dismissed.

However, petitioner can apply afresh for parole / furlough and in case, such application is filed, the respondent / authorities to consider the same, as expeditiously as possible, preferably within ten days from filing of such application by the petitioner.

(N.W. SAMBRE, J) (S.S. SHINDE, J) kadam/