1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 40/2011 Ukanda Harisingh Rathod vs. State of Maharashtra, through Secretary, Departmentof Home, Mantralaya Mumbai 32 and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. S.D.Chopde, Adv. for petitioner. Mr. T.A.Mirza, APP for respondents. CORAM : MRS. V.K.TAHILRAMANI & M.L.TAHALIYANI, JJ DATE : 27.04.2011 Heard the learned counsel for the petitioner and learned APP for the respondents. 2. The petitioner in this petition was sentenced to undergo imprisonment for life for the offences punishable under Sections 302, 307, 147, 148 and 149 of the Indian Penal Code. The punishment was subsequently reduced in the appeal to ten years for the offence punishable under Section 304(I) of the Indian Penal Code. His grievance is that although he has completed 65 years of age he has not been released from jail. He has relied on Government Circular dated 10.1.2006, which provides that in case of prisoners other than life convicts, if a prisoner is over 65 years of 2` age and weak, if he has completed half the period of imprisonment he be released. 3. Reply on behalf of the respondents discloses that the petitioner, who was on furlough, was due to surrender on 15.1.2010, however, he has not surrendered till today and is absconding. 4. In view of the above factual position, we are not inclined to exercise extraordinary jurisdiction in favour of the petitioner who is absconding. Hence, the petition is rejected. JUDGE JUDGE patle 3`