Bombay High Court refuses parole plea of prisoner; allows surgery in hospital

The Bombay High Court has refused to release a prisoner from Kolhapur Central Prison on parolefor treatment of a nasal problem as he had violated furlough condition earlier.  However, on humanitarian ground, a bench of Justices Vijaya Tahilramani and Mridula Bhatkar, in a recent order, allowed the prisoner, Wilson Benjamin Castellino, to undergoreconstruction surgery at a Kolhapur Hospital although he wasrefused parole leave.

As far as the prayer for parole is concerned, the pleaof the petitioner was rejected on the ground that he hadviolated furlough condition earlier.  The court observed that on November 19, 2010, he wasreleased on furlough for a period of 14 days and was asked tosurrender on December 4, 2010.

However, the petitioner did notreport back on time and ultimately he had to be traced. He was arrested by police and brought back to prisonon October 8, 2012. Thus, there was an overstay of 674 days.  Jail doctor Sanjay Padhye, who is attached to KolhapurCentral Prison, stated that the petitioner indeed has a nasalproblem and he can be referred to a hospital for a nasalreconstruction surgery.  Accepting Jail doctor's advise, the the court orderedthat the petitioner should be referred to C.P.R. Hospital,Kolhapur for undergoing nasal construction surgery if foundnecessary.

In case, the said facility is not available inC.P.R. Hospital, the petitioner may be be treated in any otherhospital where such treatment was available.  "Needless to state that all necessary medicaltreatment be provided to the petitioner including surgery," itruled.  Opposing his plea for parole, the jail authoritiesapprehended that if the petitioner is released from prison, hewill not report back to the prison in time and may abscond.

"Looking into the past conduct of the petitioner, itcannot be said that this apprehension is unfounded, hence, weare not inclined to release the petitioner on parole," thecourt held. The bench, therefore, dismissed the petition of WilsonCastellino seeking leave on parole.  The petitioner appeared before the court through videoconference facility and urged that the had a fracture of noseand extra growth of flesh in his right nostril which iscausing him severe problem in breathing.