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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Allowed To be withdrawn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the interim order to 11/09/2026, allowed the petitioner to withdraw the writ petition, and disposed of the petition as withdrawn.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interim order to 11/09/2026, permitted the petitioner to withdraw the writ petition, and disposed of the petition as withdrawn.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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