Bombay HC refuses to release prisoner on parole; allows surgery in hospital

Mumbai: The Bombay High Court has refused to release a prisoner from Kolhapur Central Prison on parole for 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 undergo reconstruction surgery at a Kolhapur Hospital although he was refused parole leave.

As far as the prayer for parole is concerned, the plea of the petitioner was rejected on the ground that he had violated furlough condition earlier.

The court observed that on November 19, 2010, he was released on furlough for a period of 14 days and was asked to surrender on December 4, 2010.

However, the petitioner did not report back on time and ultimately he had to be traced.

He was arrested by police and brought back to prison on October 8, 2012. Thus, there was an overstay of 674 days.

Jail doctor Sanjay Padhye, who is attached to Kolhapur Central Prison, stated that the petitioner indeed has a nasal problem and he can be referred to a hospital for a nasal reconstruction surgery.

Accepting Jail doctor's advice, the court ordered that the petitioner should be referred to C.P.R. Hospital, Kolhapur for undergoing nasal construction surgery if found necessary. 

In case, the said facility is not available in C.P.R. Hospital, the petitioner may be treated in any other hospital where such treatment was available.

"Needless to state that all necessary medical treatment be provided to the petitioner including surgery," it ruled.

Opposing his plea for parole, the jail authorities apprehended that if the petitioner is released from prison, he will not report back to the prison in time and may abscond.

"Looking into the past conduct of the petitioner, it cannot be said that this apprehension is unfounded, hence, we are not inclined to release the petitioner on parole," the court held.

The bench, therefore, dismissed the petition of Wilson Castellino seeking leave on parole.

The petitioner appeared before the court through video conference facility and urged that the had a fracture of nose and extra growth of flesh in his right nostril which is causing him severe problem in breathing