Bombay High Court
Shahanwaz Abdul Kadar Qureshi vs The State Of Maharashtra And Anr on 19 December, 2017
Author: V.K. Tahilramani
Bench: V.K. Tahilramani, M.S. Karnik
1. cri wp 4527-17 .doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4527 OF 2017
Shahanwaz Abdul Kadar Qureshi .. Petitioner
Versus
The State of Maharashtra & Anr. .. Respondents
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Appearances
Mr. Jagdish G. Shetty Advocate for the Petitioner
Mrs. G.P. Mulekar APP for the State
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CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. KARNIK, J.
DATE : DECEMBER 19, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Leave to amend. Amendment to be carried out forthwith.
2. Heard both sides.
3. Rule. Rule is made returnable forthwith and the matter is heard finally by consent of the parties.
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4. The petitioner preferred an application for parole on 2.11.2017 on the ground of marriage of his son which is to take place in Mumbai on 21.12.2017. The said application came to be rejected by order dated 20.11.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 19.12.2017, hence, this petition.
5. The application of the petitioner for parole came to be rejected on the ground that the petitioner is involved in terrorist activities and is convicted under TADA, hence, in view of the Notification dated 26.8.2016, the petitioner cannot be released on parole.
6. It is to be noted that it is not denied that the marriage of the son of the petitioner is to take place on 21.12.2017 in Mumbai. The marriage is to take place at Bandra Jama Masjid, S.V. Road, Bandra (W), Mumbai - 400 050 after Namaz-e-Zauhar i.e it is stated to take place approximately jfoanz vkacsjdj 2 of 4 ::: Uploaded on - 19/12/2017 ::: Downloaded on - 20/12/2017 02:11:27 :::
1. cri wp 4527-17 .doc at 2.00 p.m. Thereafter, the reception will take place from 7.00 p.m. to 11.00 p.m. at 396/18-19, North Avenue, Santacruz (W), Mumbai - 400 054.
7. Though, we are not inclined to grant parole, in view of the above facts, on humanitarian ground, we direct that the petitioner who is in Yerwada Central Prison be taken under police escort to attend the marriage and reception of his son which is to take place at the addresses mentioned above on 21.12.2017 between 2.00 p.m. to 11.00 p.m.
8. The escorting party to ensure that the petitioner reaches the above mentioned venue at 2.00 p.m. and at 11.00 p.m, the escorting party will leave the venue with the petitioner and take him back to the prison.
9. The cost of the escort to be borne by the State.
10. Rule is made absolute in the above terms.
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11. Parties to act on an authenticated copy of this order.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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