1 249511 vgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2495 OF 2011 Manoj Devisingh Pawar ...Petitioner V/s. The State of Maharashtra ...Respondent Mr. Debajyoti Talukdar, amicus curiae for the Petitioner Mr. V.B. Konde-Deshmukh, A.P.P., for the State CORAM: A.M. KHANWILKAR AND P.D. KODE, JJ DATE: OCTOBER 11, 2011. P.C.:- This petition is received through jail. It takes exception to the order passed by the Appropriate Authority, which was confirmed by the Appellate Authority rejecting the petitioner's request for release on parole on the ground that his mother was seriously unwell. 2. Two reasons have been noted in the impugned decision. The first is that the petitioner had overstayed the parole period on the earlier occasion. So far as this ground is concerned, the petitioner states 2 249511 that, on the earlier occasion, he was required to overstay because of health problem of his mother and he reported to jail on his own. 3. Be that as it may, there is one more ground recorded in the impugned decision, viz., that adverse report has been received from Police Superintendent, District Khandwa. If the decision of the Appropriate Authority is founded on the said adverse report, unless the contents of the said report are stated to be extraneous, it is not possible for this Court to ignore the same, as that material formed part of the material before the Appropriate Court to arrive at subjective satisfaction. It is not open for this Court to sit in appeal over the subjective satisfaction so reached by the Appropriate Authority. 4. In the circumstances, we dispose of this petition, with liberty to the petitioner to make fresh representation to the Appropriate Authority, who may consider the same on its own merits, in accordance with law. 5. Copy of this order be forwarded to the petitioner, who is presently in jail, for information. 3 249511 6. The Court expresses a word of gratitude for the able assistance rendered by the learned amicus curiae. P.D. KODE, J. A.M. KHANWILKAR, J.