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2026 DAILYLAW 5145 (BOM)

DINESH DEVIDAS GAYAKI v. STATE OF MAHARASHTRA, AND ANR. THROUGH THE SUPERRITENDENT CENTRAL PRISON NAGPUR

WP/671/2026 · 2026-08-29

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Judgment text

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101.Cri.WP.671.2026 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 671 OF 2026 Dinesh Devidas Gayaki Vs. State of Maharashtra & Anr. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. S.D. Sahoo, Advocate for the Petitioner. Ms. S.S. Jachak, APP for the Respondents/State. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R AJ D. WAKODE , JJ. DATE : 29.08.2026 Heard the learned counsel for the petitioner. 2. The petitioner has approached this Court seeking a direction to the respondent authorities to grant extension of the parole leave granted to the petitioner. 3. The perusal of the record reveals that the petitioner was released on parole for a period of 40 days vide order dated 14th July, 2026, which is at record page No.9 (Annexure-A). The release certificate dated 16th July, 2026, which is at record page No.11 (Annexure-B), reveals that the petitioner was required to surrender on 26th August, 2026 on or before 5:00 p.m. 4. Since his parole leave was about to expire, the petitioner had approached this Court on an earlier occasion by filing Criminal Writ Petition No.607 of 2026. The aforesaid writ petition was withdrawn on 11th August, 2026. After withdrawal 2026:BHC-NAG:11349-DB 101.Cri.WP.671.2026 2/2 of the aforesaid writ petition, the petitioner once again approached the respondent authorities seeking extension of parole vide application dated 14th August, 2026. The aforesaid application is at record page No.36 (Annexure-D). 5. The petitioner has once again approached this Court seeking similar relief of extension of parole. Learned counsel for the petitioner submits that the petitioner has already surrendered before the respondent authorities on 26th August, 2026. The petitioner has duly surrendered in accordance with the release certificate. 6. Learned counsel for the petitioner fairly submits that, in view of the petitioner having already surrendered before the respondent authorities, the cause of action that had arisen in the present petition does not survive. However, he points out the medical documents on record, which reveal that the petitioner’s wife is suffering from blood cancer. 7. In view of the aforesaid circumstances, the petitioner shall always be at liberty, in accordance with the Rules, to apply for fresh parole for taking care of his ailing wife. 8. In view of the above, nothing survives in the present writ petition. The writ petition is, accordingly, disposed of as infructuous. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 31/08/2026 11:13:27