Cri.W.P.No.74 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.74 OF 2011 Bapurao s/o Bappaji Kawade, Age 55 years, Occu.Nil., R/o At Post Malegaon, Taluka Georai, District Beed .. PETITIONER VERSUS 1. The State of Maharashtra 2. The Divisional Commissioner, Aurangabad .. RESPONDENTS Ms V.S.Ghanekar, Advocate holding for Mr N.S.Ghanekar and Mr N.G.Shah, Advocates for petitioner Mrs R.K. Ladda, Assistant Public Prosecutor for respondents 1 & 2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 8th February 2011 ORAL JUDGMENT (PER P.V. HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel this petition is heard finally at the stage of admission. 2. The petitioner, who was released on parole on 30.11.2010 for a period of thirty days, had immediately applied on 6.12.2010 for extension of his parole leave. It appears that the extension Cri.W.P.No.74 of 2011 2 application came to be rejected by order dated 31.12.2010. The sole ground on which the aforesaid application of the petitioner came to be rejected was that though a Police report had been called for, the same had not been received till the passing of the order. The grounds urged by the petitioner, therefore, seeking extension of the parole leave have not been dealt with by the authorities on merits. The petitioner, obviously cannot be faulted for non receipt of Police report by the prison authorities. 3. In the light of the aforesaid events, therefore, we are inclined to allow this petition and quash and set aside the impugned order dated 31.12.2010 and direct the authorities to decide the application for extension, in accordance with law, on its merits, within two weeks from today. Mrs Ladda, learned Assistant Public Prosecutor states that the Police report in respect of the extension of the leave application has now been received by the jail authorities. In that light of the matter, therefore, competent authority to decide the application of the petitioner seeking extension of the parole leave, in accordance with law, within period of two weeks from today. 4. Resultantly, this writ petition is allowed and the impugned order is hereby quashed and set aside and the matter is remanded back to the authorities for deciding the extension Cri.W.P.No.74 of 2011 3 application submitted by the petitioner within two weeks from today, in accordance with law and to communicate the decision thereon to the petitioner. 5. Rule made absolute on the above terms with no orders as to costs. 6. Mrs Ladda, learned Assistant Public Prosecutor undertakes to communicate this order to the competent authorities. 7. Copy of this order duly authenticated by the Court Sheristedar of this Court be provided to the learned Counsel for the parties to act upon. ( A.V. POTDAR, J.) ( P.V. HARDAS, J.) (vvr/74.11criwp) Cri.W.P.No.74 of 2011 4