1 3632.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3632 OF 2010 Rafiq Abdul Rahman Shaikh ...Petitioner Versus The State of Maharashtra ...Respondent ...... None for Petitioner. Mr.K.V.Saste, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 10, 2011. P.C. 1. The grievance in this Petition received through jail is about the order passed by the Appropriate Authority rejecting Petitioner’s request for release on parole. That order is an appellable order. Learned A.P.P. on instructions of Mr.S.P.Shastri, Assistant, Home Department who is present in Court states that whether the Petitioner has resorted to remedy of appeal, will have to be ascertained. Instead, we dispose of this Petition on the following terms: 2 3632.10 (i) If the Petitioner has already not preferred Appeal against the decision rejecting his application for parole, the Appellate Authority shall treat the present Petition as Appeal filed by the Petitioner and decide the same expeditiously, in any case, not later than four week from today. (ii) In the event, the Petitioner has already filed Appeal against the said decision but the same has not been finally disposed of so far, in terms of this order, the Appellate Authority shall expeditiously dispose of the subject Appeal in any case within four weeks from today. (iii) In the event, the Appeal preferred by the Petitioner against the rejection of application for parole is already disposed of, Petitioner be communicated by the Appellate Authority about the outcome of the said decision forthwith. (iv) We make it clear that the Appellate Authority shall decide the appeal on merits in accordance with law and not non-suit the Petitioner on the ground that the Appeal is barred by limitation. 2. Petition disposed of accordingly. 3 3632.10 3. Copy of this order be forwarded to the Petitioner who is in jail forthwith for information. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)