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2013 DIGILAW 1757 (BOM)

Muttu Pandiya P. Vallayan Shetty v. State of Maharashtra

2013-08-29

G.S.PATEL, S.C.DHARMADHIKARI

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JUDGMENT : It is stated that the Petitioner's sister is getting married on 1st September, 2013 and for releasing him on parole, the sister herself made an Application. That Application is dated 30th July, 2013 which was received on the same date. The Petitioner's sister was told that she should make an application in the name of not the Superintendent of the Central Prison at Thane but in the name of the Divisional Commissioner, Konkan Division. Be that as it may when this Writ Petition was filed on 13th August, 2013, copy duly served and the Petition was mentioned before us on 28th August, 2013, we thought that this much time was enough to take a decision on the application and not just toss it over from one office to another. The request was known and if there was any difficulty for the Superintendent to take a decision thereon, he should have himself made it over to the Competent Authority in order to assist the prisoner who is seeking parole for attending the marriage of his sister. 2. In these circumstances, when this matter was kept back today, we were informed that because of the State holiday and declared for Bombay and Bombay sub-urban district and, equally, Thane district, the offices are not functioning and the authorities are not available. We post this matter tomorrow at 3.00 p.m. and direct that the Divisional Commissioner, Konkan Division to whom the application shall be forwarded now by the jail authorities informs us as to within how much time he will take a decision on the application. If he requires any assistance from the police authorities, the police authorities must render it so as to enable the Petitioner to avail of parole in the event it is granted and he is desirous of attending the marriage of his sister to be solemnised on 1st September, 2013. 3. All concerned to act on an authenticated copy of this order. Ordered accordingly.