JAIKUMAR @ BABU S/ O BHIMRAO KADAM Vs. STATE OF MAHARASHTRA & ANOTHER
LAWS(BOM)-2018-11-50
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on November 19,2018

Jaikumar @ Babu S/ O Bhimrao Kadam Appellant
VERSUS
STATE OF MAHARASHTRA AND ANOTHER Respondents

JUDGEMENT

- (1.) Learned APP seeks further time to make a statement with regard to orders, if any, passed on the application of petitioner made in pursuance to the order of this Court dated 4 th September, 2017 passed in Criminal Writ Petition No.642/2017. The record reveals that sufficient time was already granted to respondents to make a statement and on the last date last chance was granted till today. Even today, for want of instructions, further time is prayed.
(2.) We find that the limited prayer in this Application is for a direction to respondents to decide the application filed by the petitioner for grant of parole leave. It is found that the application filed as aforesaid on 2 nd April,2017 is not yet decided and for passing orders thereon the petitioner had already preferred above-numbered Criminal Writ Petition wherein directions were issued on 4 th September,2017 to the effect that the respondent no.1- Divisional Commissioner to decide the parole application as early as possible and within one month. Inspite of such order, the petitioner's application is not decided.
(3.) In the instant Application also, inspite of sufficient time granted, no statement could be made by learned APP for want of instructions if application is decided. In that view of the matter we allow Criminal Application No.207/2018 with direction to respondent no.1 to decide the application dated 2nd April,2017 filed by the petitioner for parole leave expeditiously and in any case by 7th December, 2018. The Application is disposed of in above terms.;


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