1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 327 OF 2011 Younus Khan s/o Khalil Khan age 34 years, occupation:Nil r/o at present, Central Jail, Harsul at Aurangabad, District Aurangabad. Petitioner versus 1. The State of Maharashtra 2. The Superintendent of Central Jail, Harsul at Aurangabad, District Aurangabad. 3. The Divisional Commissioner, Aurangabad Division, Aurangabad. Respondents -------- Smt. Sharda P. Chate, Advocate, for petitioner. Smt. S. D. Shelke, A.P.P. for the Respondents. Coram: A. H. Joshi and A. R. Joshi, JJ. Date : 20th August 2011. Oral Judgment : ( Per: A.H. Joshi, J. ) 01. Rule. Rule made returnable forthwith and heard finally, with the consent of the learned Advocates for the parties. 2. The petitioner's request for parole is rejected on 2.4.2011 on the sole ground that in the year 2006, he had reported late by four months and two days. 3. The petition contains a statement in Ground No.IV that after earlier late reporting, the petitioner, when he was released on furlough for fifteen days, had returned back within the time allowed. 2 The affidavit in reply does not refer to this fact and the State falls back on earlier late reporting which is, by this date, is an event of five years old. 4. We are satisfied that the ground on which the prayer for parole is rejected, is remotely connected to the cause and is not a satisfactory ground. 5. We, therefore, set aside the impugned order dated 2.4.2011 and direct that the petitioner be released on parole on usual conditions as may be specified by the competent authority. 6. The Divisional Commissioner may indicate the conditions etc. within two weeks from today and release the petitioner on parole within two weeks from today in accordance with law. 7. Petition is allowed. Rule made absolute in terms of foregoing paragraphs 5 and 6. (A. R. JOSHI, J.) (A.H. JOSHI, J.) pnd/criwp-327.11