1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No.369/2008 ( Ramrao @ Naresh Charansing Rathod .vs. Divisional Commissioner, Amravati Division Amravati and another ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. N.A. Badar, Advocate for Petitioner. Mr. D. M. Kale, APP for Respondents/State. .......... CORAM : K.J. ROHEE &, B.P.DHARMADHIKARI, JJ. DATED : JULY 23, 2008 1. Heard. 2. The petitioner was arrested on 3.3.1994 ,was convicted on 6.2.1996 and is a life convict. The petition itself shows that between 1997 and 2007 he was released either on furlough or parole on several occasions. 3. On 1.2.2008 the petitioner applied for grant of parole on the ground that cataract is developed in both the eyes of his mother Sajnabai, aged about 70 years and that she has been advised surgery. It was also contended that she is suffering from heart ailment. By order dated 30.4.2008 the Competent Authority rejected the application on two grounds, firstly that on 24.4.2007 the 2 petitioner was released on parole and that one year has not elapsed from the said date and secondly the brother of the petitioner is available for looking after the mother of the petitioner. 4. Suffice it to say that the first reason cannot be sustained in view of the amendment dated 7.2.2007 to Rule 19 of the Prison (Bombay Furlough and Parole) Rules,1959. Now there is no restriction that an application for parole cannot be moved within one year from the date of last parole. However, no fault can be found with the second reason that the brother of the petitioner is available for looking after his old mother. As such the impugned order has to be upheld. We see no merit in the petition. Hence the same is dismissed. JUDGE JUDGE halwai