1 cr-wp-829-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 829 OF 2011 Shankar Mangelal Rawal ..Petitioner Vs. The State of Maharashtra ..Respondent .... Mr. Gunratan Sadavarte Advocate for Petitioner Mr. Y.S.Shinde A.P.P. for the Respondent-State .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : APRIL 26, 2011 ORAL JUDGMENT [PER P.V.HARDAS, J.]: 1 Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of admission. 2 A communication sent by the petitioner through jail has been 2 cr-wp-829-11 registered as Criminal Writ Petition. By this Writ Petition the petitioner takes exception to the order of the respondents rejecting his application for his release on parole. The appeal preferred by the petitioner also came to be dismissed by order dated 10.12.2010. It appears that an apprehension was expressed in the police report that in the event the petitioner was released on parole, the petitioner was likely to cause harm to the relatives on the count that his wife had remarried soon after the petitioner was convicted. It appears that the petitioner has now been in jail for nearly nine years. The respondents were unable to place before us any material to show that the petitioner had threatened either the prosecution witness or his relatives during the trial. It also does not appear that there was any objective material before the police authorities before expressing the apprehension. In such circumstances therefore, according to us mere ipse dixit of the police that the petitioner would cause harm to his relatives on account of remarriage of his wife, is unsustainable. 3 Resultantly this writ petition is allowed and the impugned orders are quashed and set aside and the petitioner is directed to be released on parole on such terms and conditions which the authorities may consider appropriate including the condition that the petitioner should report his presence at the police station nearest to his place of residence 3 cr-wp-829-11 once in a day between 8 a.m. to 9 a.m. 4 Rule is thus made absolute on the above terms with no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ]