AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1701 OF 2009 Sachin Rama Bhojne. ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. Avinash Kamkhedkar for the petitioner. Mr. V.B. Konde-Deshmukh, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 8TH JULY, 2009. P.C.:- 1. The petitioner is a life convict. He is lodged in Yeroda Central Prison. He has prayed for parole on the ground that his wife is suffering from kidney ailment. By Report dated 12/2/2009, the Deputy Superintendent of Police, Solapur Rural, recommended that the petitioner may be released on parole. In the said report, it is stated that the petitioner’s father-in-law is ready to stand surety AJN 2 for the petitioner. The said surety is an acceptable surety. Besides, the petitioner’s wife is suffering from kidney ailment and she is under treatment. It is further stated in the report that the petitioner’s mother is staying alone and there is nobody to take care of her. It is further stated that the petitioner’s conduct is good and no untoward incident is likely to take place if he is released on parole. Despite this report, the Divisional Commissioner, Pune Division has rejected the parole application of the petitioner on the ground that earlier when the petitioner was released on parole, he surrendered to the prison about 1881 days late. 2. It is true that the petitioner has surrendered late. But, admittedly thereafter, the petitioner was released on furlough on 2/1/2009 and he returned to the prison on time i.e. on 31/1/2009. It is apparent therefore that the earlier delayed surrender is condoned by the prison authorities. In view of the favourable report submitted by the Deputy Superintendent of Police, Solapur Rural, and AJN 3 also in view of the kidney ailment of the petitioner’s wife, we set aside order dated 3/3/2009 passed by the Divisional Commissioner, Pune Division and order that the petitioner - Sachin Rama Bhojne be released on parole for a period of one month on usual terms and conditions. The petitioner shall surrender to the prison after expiry of the parole period. 3. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]