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2025 DAILYLAW 37935 (KAR)

MAZHAR ALIAS SHEIK MAZHAR ALIYAS CHOR MAZHAR (4893) S/O SHEIKH PASHA v. STATE OF KARNATAKA

WP/108842/2025 · 2025-12-01

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16900 WP No. 108842 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108842 OF 2025 (GM-POLICE) BETWEEN: MAZHAR @ SHEIK MAZHAR @ CHOR MAZHAR (4893) S/O. SHEIKH PASHA, AGED ABOUT 35 YEARS, R/O 7-978, NAYA MOHALLA MOMINPURA, NEAR HAJJ COMMITTEE, GULBARGA, KALABURAGI 585 104. …PETITIONER (BY SRI. MOHAMMED PASHA BAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGLAURU 560 001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON BELAGAVI, KARNATAKA 591 108. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO GRANT GENERAL PAROLE TO THE PETITIONER MAZHAR @ SHEIK MAZHAR @ CHOR MAZHAR CTP-4893, CONSIDERING THE MEDICAL CONDITION OF HIS MOTHER AS PER THE MEDICAL CERTIFICATE, WHO IS SUFFERING FROM CHEST PAIN SINCE PAST 4 MONTHS AND BACK PAIN, THE PETITIONER PRESENCE IS ESSENTIAL TO PROVIDE MEDICAL CARE, SUPPORT AND TO BARE MEDICAL EXPENSES AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16900 WP No. 108842 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Direct the Respondent No.2 to grant general parole to the Petitioner MAZHAR @ SHEIK MAZHAR @ CHOR MAZHAR CTP-4893, considering the medical condition of his Mother as per the Medical Certificate, who is suffering from chest pain since past 4 months and back pain, the petitioner presence is essential to provide medical care, support and to bare medical expenses. B. Pass any other order(s) which this court may deem fit and proper under the facts and circumstances of the case, in the interest of justice. 2. The convict himself is before this Court seeking his release on parole on account of age related ailments of the mother. The petitioner is convicted for offences punishable under Sections 302, 504, 506 read with Section 34 of the IPC and is said to be in prison for the last 5 years and 7 months. The imprisonment certificate does not indicate anything adverse against the petitioner for this Court to deny/grant of parole for a period of 60 days. 3. In the light of the aforesaid circumstance, I deem it appropriate to permit the convict to be released on parole for a - 3 - HC-KAR NC: 2025:KHC-D:16900 WP No. 108842 of 2025 period of sixty days, which would become operational from the date of release of the convict from the jail. Accordingly, the following: ORDER (1) The Writ Petition is allowed. (2) Mandamus issues to respondent No.2 to consider the representation of the petitioner and release the convict (CTP No.4893) – Mazhar @ Sheik Mazhar @ Chor Mazhar, on general parole for a period of sixty days, which would become operational from the date of release of the convict from the jail, subject to the following conditions: (i) The convict (CTP No.4893) shall mark his attendance in the jurisdictional police station, weekly once throughout the period of his parole and it would be the responsibility of the jurisdictional Police to take him to gaol, in the event, the convict (CTP No.4893) would evade going back to the gaol, after the expiry of the period of general parole. (ii) Respondent No.1 shall stipulate strict conditions as are usually stipulated, to ensure return of the convict to the gaol - 4 - HC-KAR NC: 2025:KHC-D:16900 WP No. 108842 of 2025 and that he shall not commit any other offence during the period of parole. (3) The registry is directed to communicate the order to the prison authority for its execution. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 159