FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.508 OF 2010 with CRIMINAL APPEAL NO.256 OF 2008 Jaykumar Bhimrao Kadam v/s State of Maharashtra. ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ We heard learned Counsel Mr. Joydeep Chatterjee, appointed for the petitioner and learned A.P.P. Mr. N.R. Shaikh for the State. 2 Rule. Rule made returnable forthwith by consent of the parties and taken up for hearing. 3 The order passed by the respondent dated 3rd April, 2010 is on record. It appears from the said order that on 17th February, 2010, thirty days parole leave was granted to the petitioner. The petitioner – prisoner had applied for extension on 12th March, 2010. The said application was inquired into. It was found that earlier i.e. on 30th November, 2009, thirty days parole leave was granted in favour of the petitioner – prisoner. Extension, which was sought by the petitioner came to be rejected by the order dated 3rd April, 2010 on the ground that earlier parole leave was granted based on the medical certificate dated 30th November, 2009. Within a period of four months after grant of such parole leave, surgery was not performed on the person of wife of the petitioner. The respondent was at loss to understand as to whether wife of the petitioner had been recovered from the illness and whether surgery was scheduled at a particular point of time. Medical certificate was also not placed on record by the petitioner. Considering all these aspects, the authorities rejected the extension of parole leave by order dated 3rd April, 2010. This order has been assailed by the petitioner – prisoner. 4 Mr. Chatterjee, learned Amicus Curiae representing the petitioner seeks grant of parole leave on humanitarian ground. He states that in view of the earlier grant of parole and completion thereof, the petitioner had surrendered to the authorities on 5th June, 2010 i.e. before due date. It is not disputed on behalf of the respondent. Mr. Chatterjee, learned Counsel (appointed) for the petitioner submitted that considering the conduct of the present petitioner, extension may be considered as fresh application. 5 The learned A.P.P. points out the affidavit filed on behalf of the State opposing this writ petition. It is sworn in by Mr. Govind Phulsing Chavan, working as Tahsildar (GAD), in the office of the Divisional Commissioner, Aurangabad. We have seen paragraphs 4 and 5 of the reply affidavit. It is stated that in the medical certificate, no medical urgency was expressed, neither any deterioration of physical illness is shown nor progress or improvement of physical condition was mentioned. In paragraph 5, a statement is made that as there was tenedency amongst the jail inmates to feign medical illness of the relatives to obtain parole leave and the present certificate is not specific in respect of illness and date of surgery, parole was refused to the petitioner. In paragraph 6, it has been stated that on earlier occasion parole was granted on 23rd October, 2008 and the petitioner – prisoner over stayed for three days and thereafter when he was released on furlough leave on 23rd October, 2009, at that time also he over stayed for one day. 6 We have considered the submissions on behalf of the parties. In our view, the present writ petition can be considered by the respondents as fresh application for grant of parole leave, if it is permissible according to the provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959. 7 The respondents/authorities shall take decision within eight weeks from today. The learned A.P.P. to communicate this order to the respondents – prison authorities. Writ Petition stands disposed of with above directions. Rule made absolute in the above terms. No costs. (S.S. SHINDE, J) (S.B. DESHMUKH,J) 19.07.2010. kadam/*