Bombay High Court
PRAVIN DILIP WAGHELAversusTHE SUPERINTENDENT OF PRISONS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court extended the interim order to 11/09/2026, allowed the petitioner to withdraw the writ petition, and disposed of the petition as withdrawn.
Summary
Petitioner Pravin Dilip Waghela was required to surrender after completing his parole but was hospitalized for heart problems. The High Court had earlier, on 20/08/2026, ordered that no coercive action be taken against him until 08/09/2026. The petitioner sought an extension of this interim protection until 10/09/2026 and requested to withdraw the writ petition so that he could pursue a pending bail application before another bench. The State argued that parole cannot be extended. The Court extended the interim order to 11/09/2026, permitted the petitioner to withdraw the writ petition, and disposed of the petition as withdrawn.
Issues considered
- Whether the interim order protecting the petitioner from coercive steps can be extended beyond the original date.
- Whether the petitioner may withdraw the writ petition and pursue a bail application pending a criminal appeal.
Subjects
- parole
- interim relief
- medical grounds
- bail application
- withdrawal of petition
- criminal appeal
- high court
Judgment
1/2 11-WP-4199-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.4199 OF 2026
Pravin Dilip Waghela .... Petitioner
versus
The Superintendent of Prisons,
Nashik Central Prison, Nashik & Ors. .... Respondents
…....
• Mr. Rahul S. Arote a/w Mr. Jay N. Suryavanshi a/w Ms. Nikita V.
Gawai a/w Ms. Megha Shelke, Advocate for Petitioner.
• Ms. M. M. Deshmukh, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL &
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 08th SEPTEMBER, 2026
P.C. :
1. The Petitioner was to surrender after completing his
parole, but on that day he suffered heart issues and he had to be
admitted to hospital. In the order dated 20/08/2026, we noted
this fact and granted him interim relief. We had directed the
authorities not to take any coercive steps against the Petitioner
till 08/09/2026 i.e. till today.
2. Learned APP submitted that there is no provision for
extension of parole.
MANUSHREE
NESARIKAR
Digitally signed
by MANUSHREE
NESARIKAR 3. Learned counsel for the Petitioner stated that the
Date: 2026.09.09
12:10:58 +0530
Petitioner’s Criminal Appeal is pending before another Bench of
Nesarikar
2/2 11-WP-4199-26.odt
this Court. Learned counsel further submitted that the Petitioner
has already preferred Criminal Application for bail on medical
ground before that Bench. The matter is due to be listed on
10/09/2026. He submitted that the interim order dated
20/08/2026 passed in this Petition be extended atleast till
10/09/2026. He submitted that he be permitted to withdraw
this Petition with liberty to pursue the remedy of bail application
on merits during the pendency of Appeal. The said Appeal is
Criminal Appeal No.33 of 2026.
4. Hence, the following order :
ORDER
(i) The interim order dated 20/08/2026 is extended
till 11/09/2026.
(ii) The Petition is allowed to be withdrawn with
liberty to pursue his remedy of bail application
pending aforesaid Appeal.
(iii) The Petition is disposed of as withdrawn.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
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