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2026 DAILYLAW 8219 (BOM)

NOOR SHEIKH BABA SHEIKH v. STATE OF MAHARASHTRA, AND ANR. THROUGH THE SUPERINTENDENT CENTRAL PRISON NAGPUR

WP/716/2026 · 2026-09-11

body2026

Judgment text

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(1) 102.cri.wp.716.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.716 OF 2026 Noor Sheikh Baba Sheikh Vs. State of Maharashtra, through the Superintendent, Central Prison, Nagpur and another -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. D. Sahoo, Advocate for petitioner. Ms. N. R. Tripathi, APP for State. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 11/09/2026 1. Heard Mr. Sahoo, learned counsel for the petitioner. The petitioner seeks extension of parole leave to the petitioner for the further period of 3 to 4 weeks. The ground on which the petitioner was released vide certificate dated 01.08.2026, was the heart ailment of the wife of the petitioner wherein the Professor and Head Department of Medicine, Government Medical College, Nagpur had recommended angiography and angioplasty on 17.06.2026. On the basis of such recommendation, the parole was granted to the petitioner on 01.08.2026 for a period of 40 days. The aforesaid period of parole is about to expire on 11.09.2026 and accordingly, the petitioner has approached this Court praying for extension of parole. 2. The perusal of the aforesaid certificate, reveals the procedure of angiography and if required angioplasty to be performed upon the wife of the petitioner. We can take judicial 2026:BHC-NAG:12152-DB (2) 102.cri.wp.716.2026 notice of the fact that the aforesaid procedures require only one day for conducting the aforesaid procedure. However, Mr. Sahoo, learned counsel for the petitioner submits that since the petitioner is desirous of conducting the aforesaid procedure in the Government Medical College, Nagpur, they had given the subsequent date and accordingly, the petitioner has approached this Court. However, Rule 18 of the Maharashtra Prisons (Forlough and Parole) Rules, 2024, provides that the parole once granted cannot be extended on under any circumstances. In view of the above, the aforesaid prayer cannot be granted. 3. Mr. Sahoo, learned counsel for the petitioner upon instructions, seeks permission to withdraw the present petition, with liberty to approach the concerned authorities for grant of parole for the procedure of angiography or angioplasty to be conducted of his wife on the date given by the Government Medical College. 4. In view of the above, permission is granted. 5. Writ petition is disposed of as withdrawn with liberty as prayed for. (RAJ D. WAKODE, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 15/09/2026 14:55:37