1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.264 OF 2011 Hitesh Pravinchandra Shah Petitioner versus The State of Maharashtra and others Respondents Mr.N.N.Gavnekar i/by Arfan Sait for petitioner. Mrs.M.H.Mhatre, APP for the State. CORAM : A.M.KHANWILKAR AND S.J.KATHAWALLA, JJ. DATE : 14th February 2011 PC : 1. This petition takes exception to the order passed by the Section Officer, Home Department, Mantralaya, Mumbai dated 11th January 2011 dismissing the appeal preferred by the petitioner against the order refusing to extend the parole period. The principal grievance of the petitioner is that the petitioner had relied on medical certificates in support of his plea that due to unavoidable circumstances he could not return back to jail in time as he was operated for Gall Bladder Stone on 26th January 2004 after the lapse of parole period. As per the record it appears that the petitioner eventually surrendered on 9th October 2004. The fact remains that whether the cause mentioned by the petitioner is genuine is a matter which ought to have been enquired into by the appellate authority particularly when the medical reports were produced by the petitioner along with the appeal filed by him. Indeed, the said medical certificates were not placed before the appropriate authority which had decided the petitioner's application for extension of parole period at the first instance. The impugned order as 2 passed makes no reference to the fact that the appellate authority in fact considered the efficacy of the medical reports and in spite of the said reports was not impressed by the cause of delay stated by the petitioner. Instead of examining the said aspect for the first time in present writ petition, in our opinion, the appropriate course is to set aside the impugned decision so as to relegate the petitioner before the appellate authority, who in turn, will examine the said aspect on its own merits in accordance with law. 2. Accordingly, the impugned judgment and order is set aside. The appeal preferred by the petitioner before the State Government will stand restored to the file of the appellate authority who shall decide the same on its own merits in accordance with law keeping in mind the observations made in this order. The petition is disposed of. Needless to observe that the appellate authority shall dispose of the appeal as expeditiously as possible and in any event not later than four weeks as according to the petitioner, if his plea were to be accepted, he is due for premature release immediately. (S.J.KATHAWALLA, J.) (A.M.KHANWILKAR, J.)