IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CRIMINAL APPELLATE JURISDICTION. Writ Petition No.494 of 2010 Bandu @ Radhoji Piraji Saudagar ..Petitioner. vs. The State of Maharashtra ..Respondent. Mrs Sonia S. Miskin Advocate – appointed. Mr S.N. Gawade, A.P.P., for the Respondent. CORAM:- D.B.BHOSALE AND A.R.JOSHI,JJ. DATE :- 5TH APRIL,2010 ORDER:-(Per A.R.Joshi,J) 1. Heard rival submissions for some time. This writ petition is taken up for passing final orders. 2. Perused application dated 18.1.2010 sent by the petitioner, a convict, from Nashik Road Central Prison, praying for his release on parole. Parole is prayed for the reason of serious illness of wife of the petitioner. 3. The petitioner is convicted for the offence punishable under Section 302 of the I.P.C., and is in custody for more than two years including remission. Earlier in June, 2009 he was released on furlough but surrendered late by three days. Thereafter, again he applied for parole for 30 days on the ground of sickness of his wife. Said application was rejected by the Divisional Commissioner, Nashik Region on various grounds, including the grounds, that if released, the petitioner may cause breach of peace at his native place, he may cause injuries to the complainant/witnesses who deposed against him in the case, he may not surrender after completion of the parole and that he is likely to commit serious offence, if released on parole. 4. We have perused the order dated 11.1.2010 vide which the parole was rejected to the petitioner. We are not satisfied for want of any detail statements or material fortifying the causes on which the parole application was rejected. Under these circumstances, we set aside the order dated 11.1.2010 passed by the Divisional Commissioner, Nashik and sent back the matter to the concerned authority for reappraising the application of the petitioner for his release on parole. Considering the reason as to serious illness of the wife of the petitioner, we further direct that the Divisional Commissioner, Nashik Division to pass appropriate orders according to law for grant of parole or otherwise and communicate the decision to the petitioner presently lodged at Central Prison, Nashik. Such order should be passed within a period of four weeks from today. With these directions present writ petition is accordingly disposed of. (A.R.JOSHI,J) (D.B.BHOSALE,J)