1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 335 OF 2009 Bipinchandra Kanhaiyalal Joshi. ... Petitioner. Versus The State of Maharashtra. .... Respondent. None present for the Petitioner. Mrs. P. H. Kantharia, APP for the State. CORAM : BILAL NAZKI and A. R. JOSHI, JJ. DATED : 3RD MARCH, 2009. P.C.: Heard learned Public Prosecutor. Perused the papers. 2. One of the grounds for rejecting the application of the petitioner for his release on parole is that he is involved in a serious crime and therefore there was a possibility of breach of public peace. However, earlier also the petitioner had been released and there had been no complaint against him. He wanted parole leave because his wife was to undergo some surgery, but no date of surgery was given. We have seen the certificate of the doctor, date of surgery is not fixed so far. Obviously, the date could have been given only after the petitioner is released. For these reasons, we do not 2 find that the order impugned is sustainable. 3. Therefore, the writ petition is allowed. Respondent is directed to release the petitioner on parole subject to usual terms and conditions. Sd/- (BILAL NAZKI, J.) Sd/- (A. R. JOSHI, J.)