1 Criminal W.P.No.1119 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1119 OF 2010 Namdeo s/o Sambhaji Kadam, age 68 yrs, Occu.nil r/o at present in Aub'd Central Jail, Aub'd ..PETITIONER VERSUS 1. The State of Maharashtra, through the Superintendent of Jail, Central Prison, Aub'd 2. The Additional Commissioner (General Administration) Divisional Commissioner Office, Aub'd ..RESPONDENTS Miss Meghna Reddy, Advocate (appointed) for the petitioner; Mr K.G. Patil, A.P.P. for the respondents CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 12th January, 2011 2 Criminal W.P.No.1119 of 2010 ORAL JUDGMENT (PER P.V. HARDAS, J.) Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. A communication sent by the petitioner through jail came to be registered as Criminal Writ Petition. When the petition was listed before us for admission, we had appointed Miss Meghna Reddy, learned Counsel to represent the petitioner in this petition. This petition raises a challenge to the order dated 20.10.2010 passed by the Divisional Commissioner, Aurangabad, rejecting the application of the petitioner for his release on parole on the ground of ailment of his wife. 3. The petitioner submitted an application seeking his release on parole on the ground that his wife was suffering from acute appendicitis with abdominal pain. The petitioner also submitted a medical certificate to that effect. It appears that the petitioner had applied some time in December, 2009 alleging that his wife was suffering from appendicitis. By virtue of the impugned order the application of the petitioner came to be rejected. 4. In response to the notice issued by this Court, the respondents have filed their affidavit in reply. In the affidavit in reply the medical 3 Criminal W.P.No.1119 of 2010 certificate issued by the Medical Superintendent, Sub-District Hospital, Mukhed, District Nanded, dated 23.2.2010 is annexed. This is a certificate pertaining to the ailment of the wife of the petitioner who is alleged to be suffering from chronic appendicitis with acute abdominal pain. The Medical Superintendent has opined that she needs detailed investigation and treatment for the said ailment. It appears that the respondents, upon examining the medical certificate as well as the police report, came to the conclusion that the ailment with which the wife of the petitioner is suffering was not a serious ailment entitling the petitioner to pray for his release on parole. The respondents - authorities further came to the conclusion that surgical intervention was not advised by the Medical Officer and consequently the gravity of the ailment was reduced. 5. With the assistance of the learned Counsel for the parties we have perused the impugned order as well as the documents annexed by the petitioner. Upon such perusal, according to us, no case for intervention in this writ petition under Article 226 of the Constitution of India has been made out. The Medical Officer has only advised detailed investigation and treatment. It appears that surgical intervention has not been advised, at least no surgical intervention has been carried out uptil now. In that light of the matter, therefore, according to us no case has been made out by the petitioner for his release on parole. 4 Criminal W.P.No.1119 of 2010 6. In that light of the matter, there being no merit in the petition, this writ petition is accordingly dismissed with no order as to costs. Rule stands discharged. Fees payable to the learned Counsel appointed on behalf of the petitioner quantified at Rs.1,500/-. ( A.V. POTDAR, J.) ( P.V.HARDAS, J.) amj/criwp1119.10