1 cr-wp-1060-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1060 OF 2011 Ashrafur Rahman Azimulla Shaikh ] Aged 68 years, Occ: Nil ] residing at 35, Daulat Bldg., 5th ] floor, near Colaba Post Office, ] Woodhouse Road, Mumbai-400 005 ] (Confined at Nasik Road Central ] Prison, Nasik Road now released on ] Parole Leave) ]..Petitioner Vs. 1 The State of Maharashtra ] (through the Principal Secretary ] (Home) Govt. of Maharashtra ] Mantralaya, Mumbai-400 032) ] 2 The Superintendent, ] Nasik Road Central Prison, ] Nasik Road. ] 3 The Minister of State for Home ] & Prisons, Govt. of Maharashtra ] Mantralaya, Mumbai-400 032 ]..Respondents .... Mr. N.N. Gavankar i/b Mr. Arfan Sait Advocate for the Petitioner Mr. J.P.Yagnik A.P.P. for the Respondent-State .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : APRIL 19, 2011 ORAL JUDGMENT [PER P.V.HARDAS, J.] : 2 cr-wp-1060-11 1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties this petition is heard finally at the stage of admission. 2 By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ directing the respondents to decide the parole extension application, dated 30.3.2011 within a particular time frame. Mr. Gavankar learned counsel for the petitioner at the outset very fairly states that the petitioner does not press for the relief as prayed at prayer clause (b) to the petition. 3 Certain facts may be noted which led the petitioner to file parole extension application. The petitioner was released on parole on 9.3.2011 and soon thereafter fell seriously ill and was required to be admitted to Saifee Hospital from 12.3.2011. On 14.3.2011 the petitioner was operated upon for Gastric Outlet Obstruction and was indoor patient in the hospital till 28.3.2011. The petitioner was ultimately discharged on 28.3.2011 and even thereafter continued to remain bed ridden. Since the petitioner was not in a condition to surrender to parole leave, wife of the petitioner submitted an application on 30.3.2011 praying for extension of parole leave. Since the said application remained pending and no orders were passed on the application, the son of the petitioner took the 3 cr-wp-1060-11 petitioner to Nasik Road Central Prison on 9.4.2011. The Senior Jailor, according to the petitioner, of the Nasik Road Central Prison got the petitioner examined by the Chief Medical Officer of the Nasik Road Central Prison who was of the opinion that the petitioner was unfit to resume prison terms. Accordingly therefore, Senior Jailor informed the son of the petitioner about the opinion expressed by the Chief Medical Officer and his inability to accept the surrender of the petitioner. The petitioner states that on 11.4.2011 the son of the petitioner contacted the Desk Officer, Prison Department, but no progress of the aforesaid extension application. It appears that despite several efforts being made by the son of the petitioner no satisfactory explanation has been received by him. 4 In that light of the matter therefore we consider it appropriate to direct the respondents to decide the parole extension application submitted on behalf of the petitioner by his wife. The learned A.P.P. very fairly states that the aforesaid application would be decided in accordance with law within a period of two weeks from today. We grant liberty to the petitioner to forward the copies of the medical papers if any to the respondents so as to enable the respondents to decide the aforesaid extension application. 4 cr-wp-1060-11 5 Rule is thus made absolute on the above terms with no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]