1 criwp926.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 926 OF 2011 Naser Bin Sayyad Chaus Convict No. 4058, Open Jail Paithan, Dist. Aurangabad. ..PETITIONER -VERSUS- The State of Maharashtra ..RESPONDENT ..... Shri D.V. Tele, A.P.P. for respondent/State. ..... CORAM : A.H. JOSHI AND A.M. THIPSAY , JJ. DATED : 22nd November, 2011 JUDGMENT (PER JOSHI, J) 1. Rule. 2. Rule is made returnable forthwith. 3. We had called papers from the office of Divisional Commissioner. On perusal it was revealed that on five occasions in past, petitioner was released either on parole or furlough and had returned without any complaint and on time. 4. Now on sixth occasion of request for parole, police report is adverse. We have found that the application of mind was totally absent. Therefore, we directed the Special I.G.P., Nanded, to remain present in Court. He has appeared and informed the Court that on all five occasions in the past, the police report was adverse on the statements of witnesses. 5. When we enquired, Special I.G.P. was not able to answer as to what was the material due to which the adverse conclusion was objectively possible. 2 criwp926.11 6. Special I.G.P., Nanded, assures that he shall take measures to ensure that hence forth the reports are sent after due application of mind and objectively. 7. Now coming to the facts, it is clear that the adverse report is not objective. Even now, no fresh grounds are put forth as basis thereof. We are, therefore, satisfied that the Divisional Commissioner's order is based on erroneous foundation, and deserves to be set aside, and is hereby set aside. 8. We direct the Divisional Commissioner, Aurangabad to pass-issue fresh order within one week from today allowing parole for such duration and on such conditions as may be deemed just and proper. 9. Rule is made absolute in terms of paragraph nos. 7 and 8. 10. Steno copy allowed. (A.M. THIPSAY, J.) ( A.H. JOSHI, J.) sga/criwp926.11