ASHOK S/O SHAHDEO SHINDE Vs. STATE OF MAHARASHTRA, THROUGH SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

(2.) This Petition takes exception to the order dated 8th March 2017 passed by the Divisional Commissioner, Nashik thereby rejecting the request of the Petitioner to release him on parole and the order dated 14th June, 2017 passed by the Additional Secretary, State of Maharashtra thereby rejecting the appeal filed by the Petitioner challenging the order passed by the Divisional Commissioner, Nashik.

(3.) It is the case of the Petitioner herein that he applied for furlough, however, by the impugned order dated 8th March, 2017, his application has been rejected. The appeal filed by the Petitioner has been rejected by order dated 14th June, 2017. In the impugned order passed by the appellate authority, it is observed that the medical certificate annexed by the Petitioner along with the appeal regarding the ailment of his mother was issued ten months back and the Petitioner has not placed on record the medical papers regarding the treatment given to his mother and the tests conducted during the intervening period. It is further mentioned in the order that as the appeal filed by the Petitioner challenging the conviction and sentence, is pending before the High Court, in view of the Notification dated 26th August, 2016 issued by the Home Department, State of Maharashtra, parole cannot be granted to the Petitioner.