1 cr-wp-914-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 914 OF 2011 Satish Pandharinath Dhole ..Petitioner Vs. State of Maharashtra and Ors. ..Respondents .... Mr. Avinash Kumkhedkar Advocate for Petitioner Mrs. M.H.Mhatre A.P.P. for Respondents .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : APRIL 11, 2011 ORAL JUDGMENT [PER P.V.HARDAS, J.]: 1 Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of admission. 2 By this petition under Article 226 of the Constitution of India the petitioner takes exception to the order dated 8.11.2010, issued by the Divisional Commissioner, Pune Division, Pune, rejecting the application of the petitioner for his release on parole on the ground of sickness of his 2 cr-wp-914-11 wife. 3 The application of the petitioner came to be rejected on the ground that the antecedents of the petitioner were not clean inasmuch as the several offences have been registered against the petitioner and in the event the petitioner is released on parole, he was likely to threaten the complainant and other prosecution witnesses. 4 The undisputed position which emerges during the arguments of the learned Counsel for the parties is that the petitioner had been released on furlough for a period of one month from 4.9.2010 to 3.10.2010 and no instances have been reported wherein the petitioner is alleged to have either threatened the complainant or the prosecution witnesses. The order further states that the wife of the petitioner is indisposed. In such circumstances therefore according to us, the petitioner ought to have been released on parole as was requested for. 5 Consequently this petition is allowed and the impugned order is hereby quashed and set aside and the respondents are directed to release the petitioner on parole for such period which they consider it fit and proper on such terms and conditions which the authorities consider fit and proper. 3 cr-wp-914-11 6 Rule made absolute on the above terms with no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]