APPA/1157/10 1 SSK/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1157 OF 2010 IN CRIMINAL APPEAL NO.367 OF 2009 Mohd. Sharif Mehboob Badshakhan ....Applicant/Appellant (Org.Accd.No.1) Versus State of Maharashtra ....Respondents (Org. Complainant) Mr. C. K. Talekar, Advocate for the Applicant. Mrs. M. M. Deshmukh, APP for Respondents. CORAM : SMT. RANJANA DESAI & RANJIT MORE, JJ. DATED : 20th JANUARY, 2011. P.C.: This application is filed by one Mohd. Sharif Mehboob Badshakhan who is a life convict undergoing imprisonment in Nashik Road Central Prison. Earlier bail application made by the applicant has been rejected. 2. In the present application, the applicant has inter-alia stated that his son requires surgery because he has suffered a road accident. We had directed learned APP to take instructions. Learned APP has accordingly, produced a certificate of one Dr. S.S. Samant who is attached to K.B.Bhabha Hospital, Bandra (West). Dr. Samant appears to have examined the son of the applicant. He has opined that the son of the applicant has permanent disability of 30% and he can resume all his APPA/1157/10 2 SSK/ previous activities and needs no further orthopaedic surgery for his wrist. The said certificate is taken on record and marked as Exhibit “X”. Learned APP has also produced the report of the jail authority. Same is taken on record and marked as Exhibit “Y”. Mr. Talekar, however, is relying on certificates annexed to the instant application and insists that surgery is indeed necessary. 3. We are informed by learned APP that the application for parole made by the applicant is pending with Divisional Commissioner, Nashik Division. In the circumstances, we direct the Divisional Commissioner, Nashik Division to dispose of the said application as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of this order by him. The Divisional Commissioner, Nashik Division while deciding the parole application shall also consider the certificate of Dr. Samant dated 19th January, 2011 and also certificates annexed to the civil application by the applicant, and thereafter, take appropriate decision thereon independently and in accordance with law. The order passed on the parole application be intimated to the applicant immediately. We make it clear that we have not expressed any opinion on the merits of the applicant’s case. The civil application is accordingly disposed of. (RANJIT MORE, J.) (SMT. RANJANA DESAI, J.)