1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3093 OF 2009 Siddhapal @ Sidharam Kamal Yadav .. petitioner Vs. The State of Maharashtra .. Respondent Mr. Shyam Mohan, for the petitioner Mr. H. J. Dedhia, APP for the respondent-State Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road Central Prison CORAM:-SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED :- 18 th January, 2010 P.C. 1. This petition is preferred from the Nashik Road Central Prison. The petitioner is a life convict. He is in jail for more than nine years. His parole application has been rejected by the prison authorities on the ground of adverse police report. He has applied for parole because of his son’s death. Death certificate is annexed to the application. It appears that his son died on 12.5.2009. The application is rejected on the ground that surety is not acceptable and there is likelihood of breach of peace if the applicant is released on parole. The police report which is quoted in the impugned order states that some person is prepared to offer 2 surety for the petitioner. But it also states that the applicant is likely to abscond. Affidavit is also filed to this effect on behalf of the respondents. 2. Learned APP, on instruction from, Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road Central Prison, states that the petitioner has never been granted either furlough or parole and he is continuously in jail for 9 years. In the circumstances, considering the fact that the petitioner’s son is dead, we direct the prison authority to release the petitioner on parole on usual terms and conditions on his executing personal bond in the sum of Rs. 15,000/- and after accepting the surety which is offered by the petitioner, if found to be proper. 3. The Writ Petition is disposed of in the aforesaid terms. 4. Copy of this order may be communicated to the petitioner in Jail. (MRS.MRIDULA BHATKAR, J.) (SMT.RANJANA DESAI, J.) jpc/