Bombay High Court: The present petition was filed seeking the relief that this Court should issue appropriate writ, order, or directions to quash and set aside the impugned order dated 28-08-2024 passed by Respondent 2 and to sanction 30 days extension of parole leave to petitioner on humanitarian grounds in the interest of justice. The Division Bench of Vibha Kankanwadi and S.G. Chapalgaonkar, JJ., rejected the petition and directed the District Superintendent of Police, Aurangabad to conduct inquiry either by himself or through responsible high rank officer, to see how frequently the certificates for parole were issued and what was the connection, as only one hospital, that is, Eagle Multispeciality Hospital, was now issuing such certificates to prisoners.
Background
Petitioner was convicted for the offence punishable under Section 3025 of the Penal Code, 1860 (‘IPC’) by judgment and order dated 11-07-2023 by the Additional Sessions Judge-1, Nashik and was sentenced to imprisonment for life. He was arrested on 28-07-2016, and till the date of the judgment and order, he had undergone the sentence of eight years and therefore, he sought parole leave for 30 days for his own marriage on 27-07-2024.
This Court passed an order for parole leave on 25-07-2024. During the parole leave period, on 21-08-2024, petitioner filed an application for extension of the parole for the purpose of wife’s medical treatment, as she was pregnant for more than three months and there were some issues regarding cervical cerclage and medical certificate for that had been produced. On 28-08-2024, the application filed by petitioner was rejected and thus he filed the present petition.
Analysis, Law, and Decision
The Court noted that petitioner’s wife was a resident of Nashik but had taken treatment on OPD basis with Eagle Multispeciality Hospital, Ranjangaon, Gangapur, Aurangabad on 20-03-2024 and 22-05-2024. The Court stated that the purpose for treatment was not clear with the documents.
The Court also took note of the OPD sheet dated 17-06-2024, which showed that there were symptoms of pregnancy and that the high-risk pregnancy, age factor was explained to the patient. Petitioner had filed a medical certificate of his wife issued by Eagle Multispeciality Hospital dated 30-08-2024, wherein it was certified that petitioner’s wife was advised cervix cerclage within a week. The Court stated that it was not convinced with the fact that though petitioner’s wife was a resident of Nashik, she would try to get treatment from the hospital in Aurangabad.
The Court also took note that while dealing with the parole applications in recent times, it had come across that inmates were bringing certificates issued by Eagle Multispeciality Hospital.
The Court observed that in the present case, the certificate was issued by a doctor, who was an accused in a case registered with Pundlik Nagar Police Station, Aurangabad, for the offences punishable under Sections 120-B, 314, 203, and 201 of IPC.
The Court stated that as it was coming across the certificates issued by the same hospital, there must be an inquiry into the matter, to check if there was any connection. Thus, the Court directed the District Superintendent of Police, Aurangabad to conduct an inquiry either by himself or through responsible high rank officer, to see how frequently certificates were being issued and to determine the connection between the issuing of these certificates and the fact that currently, only one hospital was responsible for issuing them.. The Court stated that the inquiry should be made as expeditiously as possible, and the report should be submitted in sealed cover to this Court within 15 days from the date of the present order.
The Court rejected the present petition and stated that the present matter was pending only for getting the inquiry report and passing further directions.
The matter would next be listed on 23-09-2024.
[Kundan Suresh Pardeshi v. State of Maharashtra, 2024 SCC OnLine Bom 2970, decided on 09-09-2024]
Advocates who appeared in this case:
For the Petitioner: Sharda P. Chate, Advocate
For the Respondents: G.A. Kulkarni, APP
1. Section 61 of the Nyaya Sanhita, 2023 (BNS, 2023)
