1 1.wp3633-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3633 OF 2010 Rajendra Sitaram Sonawane. ..Petitioner. Vs. The State of Maharashtra. ..Respondent. .......... Mr.Khan Abdul Wahab, Advocate appointed as amicus curiae for the Petitioner. Mr.D.P. Adsule, A.P.P. for the State. .......... CORAM : A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATED : 21st JANUARY, 2011. P.C. 1. Heard learned amicus curiae for the Petitioner and learned A.P.P. for the State. 2. This letter Petition is received through jail. Twofold grievance is made by the Petitioner. The first grievance is that the petitioner’s step-brother and step-mother are making false PPD 2 1.wp3633-10 representations and allegations to the concerned Authorities, as a result of which the Petitioner is denied of his right of being released on furlough and parole leave. The second grievance is that step-brother and step-mother have deprived the Petitioner of his right in the joint family property and obstructing the peaceful enjoyment thereof by the petitioner’s representative. 3. Insofar as the second grievance is concerned, we fail to understand as to how the jail Authorities can come to the rescue of the Petitioner. The Petitioner, if so advised, may have to take recourse to suitable remedy before the Court of competent jurisdiction against his step-brother and step-mother in relation to share in and/or enjoyment of the joint family property. We express no opinion either way in respect of the said grievance. 4. Insofar as the former grievance is concerned, it appears that the Petitioner has made two representations to the appropriate Authority complaining about the false and frivolous allegations made by his step-brother and step-mother. Insofar as that grievance of the Petitioner is concerned, the appropriate Authority may verify the same and depending on the outcome of 3 1.wp3633-10 the said enquiry take the same into account while considering the Petitioner’s request for releasing on parole or furlough leave. 5. Petition is disposed of on the above terms. 6. The Court expresses a word of gratitude to the learned amicus curiae for his able assistance for espousing the cause of the Petitioner. 7. Copy of this order be forwarded to the Petitioner who is in jail forthwith for information. (A. R. JOSHI, J.) (A. M. KHANWILKAR, J.)