[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.209 OF 2007 IN WRIT PETITION NO.1964 OF 2005 Manik Anant Patil ..Petitioner Vs. State of Maharashtra & Anr...Respondents ... Mr.Naveen Chomal Advocate for Applicant Mr.J.P.Yagnik A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JANUARY 17, 2008 DATE : JANUARY 17, 2008 DATE : JANUARY 17, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is a convict undergoing imprisonment in Yervada Central Prison, Pune. The mother of the applicant expired on 11.8.2005. Hence, the Jail Superintendent granted seven days parole to the applicant on account of death of his mother. As per the said order, the applicant was to report back on 19.8.2005. However, the applicant did not report back in time and applicant [-2-] surrendered to the jail on 30.8.2005. As there was overstay of 11/12 days, show cause notice came to be issued to the applicant for overstay of parole in which it is stated that prison punishment would be imposed on him. The applicant has challenged this notice. 3. Normally, the Court is very slow in interfering in matters where only show cause notice has been issued. However, in the facts of the present case, in my opinion, the show cause notice requires to be set aside considering the following aspects. 4. The applicant was facing prosecution in a case under Section 302 of IPC. In the said case, the applicant came to be acquitted. However, the appeal came to be preferred against the said acquittal which came to be allowed. Thereafter, the applicant surrendered on his own to the prison. Admittedly, the mother of applicant expired on 11.8.2005. On account of the said death, the applicant was released on parole for seven days. However, as the said period of seven days was too short for the applicant to complete all the religious ritual rites relating to death of the [-3-] mother, the applicant sought extension of parole to the jail authorities. It may be stated here that the applicant preferred Criminal Writ Petition before this Court wherein it was stated that if the period of parole leave is extended by two weeks, the applicant would surrender on his own. This Court directed that till 31.8.2005, no coercive steps shall be taken against the applicant on the ground that he has not surrendered on or before 19.8.2005. This order was not communicated to the prison authorities. The said order was passed on 19.8.2005 in Criminal Writ Petition No. 1964 of 2005. Admittedly the petitioner surrendered on 30.8.2005 i.e. one day prior to the period mentioned in the order dated 19.8.2005. In view of the said order, the show cause notice could not have been issued to the applicant. Hence, the show cause notice deserves to be set aside and is accordingly set aside. 5. Application is allowed in above terms. [ SMT.V.K.TAHILRAMANI, J.]