mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 803 OF 2009 MANGAL THORAT .. PETITIONER Vs. THE STATE OF MAHARASHTRA & ANR. .. RESPONDENTS Mrs. Indrayani M. Koparkar for petitioner Mr. V. B. Konde-Deshmukh, APP CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ. DATED: 24/6/2009 P.C. The petitioner is a life convict. She is undergoing imprisonment at Yerwada Mahila Karagruha, Pune. She has prayed for parole because her husband is not well. Necessary medical certificate is annexed to the petition. Her application has been rejected by the Divisional Commissioner, Pune, on the ground that the police have submitted an adverse report. 2. We have perused the police report which states that the witnesses who are residing at Pune when contacted on phone informed the police that they have objection to the petitioner being released on parole. It is further stated that, if the petitioner is released on parole there is danger to the life of the witnesses. We are not satisfied with this adverse police report. The witnesses are at present staying in Pune. The petitioner’s husband is at Ghatkopar, Bombay. While on parole she will be staying at Ghatkopar. We have not understood how police can contact the witnesses who are residing in Pune on telephone and report their objection to the authorities that the petitioner who is to reside in Bombay while on parole, will pose a danger to their lives in Pune. Beyond the fact that the witnesses have on telephone objected to the petitioner’s release on parole, there is no other weighty reason stated in the adverse police report. The petitioner’s son is prepared to stand surety. Surprisingly that is treated as a disqualification. 3. Considering the fact that the petitioner’s husband is unwell and that the petitioner is in jail since 2005, we are of the opinion that the petitioner should be released on parole. In the circumstances, we set aside the order dated 13/3/2009 passed by the Divisional Commissioner, Pune. Hence, we direct that the petitioner Mangal Bharat Thorat be released on parole for a period of one month from the date of her release on parole on usual terms and condition. On expiry of the parole, the petitioner shall surrender to the jail. 4. Petition is disposed of. (SMT. RANJANA DESAI, J.) (R. G. KETKAR, J.)