AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1637 OF 2009 Shabbir Mohammed Sayyed ... Petitioner Vs. State of Maharashtra & Ors. ... Respondents Mr. Madhav J. Jamdar for the petitioner. Ms. P.H. Kantharia, A.P.P. for the State. Mr. R.E. Gaikwad, Jainor, Gr.II, Yerawada Central Prison, Pune, is present in the court. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 26TH JUNE, 2009. P.C.:- 1. The petitioner is a life convict. He is, at present, lodged in Yerawada Central Prison. He was released on furlough leave on 30/5/2009. His furlough leave was to expire on 14/6/2009. The jail authorities extended his furlough leave till 26/6/2009. The petitioner has to AJN 2 surrender on 27/6/2009. The petitioner has filed this writ petition praying for parole. 2. His case is that he is suffering from heart ailment and has been advised heart surgery. A certificate issued by Inlaks and Budhrani Hospital, Pune is annexed to the petition. It is dated 10/6/2009. The certificate, inter alia, states that the petitioner is suffering from IHD, Single Vessel Disease and he needs to undergo procedure PTCA with STENT TO RCA. The certificate further says that the tentative date of the said procedure is 20/7/2009 or at the earliest. The petitioner has also annexed a letter addressed by him to the Senior Police Inspector, Ambad Police Station, showing that he cannot attend this police station because from 21/5/2009, he is suffering from heart ailment and he is admitted in the hospital of Dr. Nitin Ladda. However, no medical papers from the said hospital are annexed to the petition indicating that the petitioner was in fact admitted in the hospital. The petitioner was on furlough for a long time due to AJN 3 extension of furlough. He should have applied for parole well in advance. The petitioner did not do so. In any case, since the petitioner appears to be suffering from some heart ailment, in our opinion, his case should be considered sympathetically after getting him examined at the prison hospital. We are informed by Mr. Jamdhar, learned counsel appearing for the petitioner that the petitioner has 80% blocks in his heart artery. 3. We also note that this court vide its order dated 15/2/2008 passed in Writ Petition No.175 of 2008 ordered that the petitioner should be released on parole. Surprisingly, despite this order, the Divisional Commissioner, Pune, has not released him on parole on the ground of some adverse police report. We, however, do not wish to go to that aspect because the petitioner did not make any grievance about this fact immediately after the refusal to release him on parole until filing of this petition. AJN 4 4. In the circumstances and considering the material produced before us about the petitioner’s health condition, we feel that his request for parole needs to be considered sympathetically. Since his furlough leave has expired today, we direct that the petitioner should surrender to the prison tomorrow i.e. on 27/6/2009. On his surrender, the prison authorities may get him medically examined. Since the petitioner has to undergo some surgical procedure, the Divisional Commissioner, Pune, shall release him on parole with usual conditions without waiting for police report. The jailor, Yerwada Central Prison, who is present in the court, shall communicate this order to the Divisional Commissioner, Pune. 5. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]