1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1401 OF 2009 Lamuel David Shepherd ..Petitioner -versus The Divisional Commissioner & Ors .. Respondents Viresh V Purwant, for the Petitioner. Mr. V.B.Konde Deshmukh, APP for the State. CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ DATED: 18th July, 2009 P.C. 1. The petitioner is a life convict. He is lodged in Yerwada Central Prison. The petitioner is in jail for about 11 years. The petitioner had prayed for parole on the ground that his mother requires knee operation. His parole application has been rejected by the Divisional Commissioner, Pune Division, Pune, on the ground that 2 the petitioner’s sister is looking after the petitioner’s mother. The petitioner has annexed certificate issued by Pratap Memorial Hospital, which states that the petitioner’s mother requires knee operation. 2. Mr. Konde Deshmukh, learned APP on instructions from Mr.Hemant Patil, Jailor Group II, Yervada Central Prison, Yerwada,Pune, states that it is true that the petitioner had surrendered late to the prison by 639 days. However, thereafter the petitioner has been released on parole or furlough, and he has surrendered to the prison in time. The learned APP submitted that the petitioner’s conduct in the prison is good. It also needs to be noted that for late surrender the petitioners remission has been proportionately forfeited. 3. In the circumstances considering the fact that the petitioner’s mother requires knee operation, we set aside the impugned order dated l8.5.2009, passed by the Divisional Commissioner, Pune Division, Pune . We direct that the petitioner Mr.Lamuel David Shepherd, be released on parole for a period of one month on usual 3 terms and conditions to be imposed by the Divisional Commissioner,Pune. After the period of parole gets over, the petitioner shall surrender to the prison. 4. The petition is disposed of. (SMT. RANJANA DESAI, J) (R.G. KETKAR, J)