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Bombay High Court

Mohd. Raees Shahjade Ansari (C-8218) vs The State Of Maharashtra on 27 August, 2021

Bench: V. K. Jadhav, Shrikant D. Kulkarni

                                                          924-crwp-798-21
                                       1


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                  CRIMINAL WRIT PETITION NO. 798 OF 2021

   Mohd. Raees Shahijade Ansari
   (C. No.8218)                                  ... Petitioner

           Versus

   The State of Maharashtra                      ... Respondent

                                      ....

   Mr G.O. Wattamwar, APP for Respondent / State


                                      ....

                               CORAM : V. K. JADHAV AND
                                       SHRIKANT D. KULKARNI, JJ.

                                DATE : 27th AUGUST, 2021

   PER COURT:-

   1.      We have received this communication in writing from the

   convict through Aurangabad Central Prison, Aurangabad. The same

   is treated as a criminal writ petition.


   2.      Heard finally at admission stage.


   3.      We have gone through the order impugned to the petition. It

   appears that the application seeking emergency parole filed by the

   petitioner - convict came to be rejected on the ground that the



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                                                                924-crwp-798-21
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   petitioner has convicted under Section 307 etc. of the Indian Penal

   Code and Section 3(i)(ii) under the MCOC Act. The petitioner is

   convicted under the provisions of MCOC Act and sentenced to

   suffer 10 years of imprisonment and fine of Rs.10,21,000/- in

   default sentenced to suffer imprisonment for 8 years and 2

   months.


   4.          The petitioner since convicted under the provisions of

   MCOC Act, the petitioner's case falls in the prohibited category in

   terms of amended provisions of Rule 19(1)(C) of the Maharashtra

   Prisons (Mumbai Furlough and Parole) Rules, 1959.



   5.          We find no fault in the order passed by the authority. Hence,

   we proceed to pass the following order.


                                       ORDER

The Criminal Writ Petition is hereby dismissed.





        [ SHRIKANT D. KULKARNI ]                           [ V. K. JADHAV ]
                JUDGE                                            JUDGE




   S.P. Rane


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