mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 3326 OF 2009 RAJU @ DOCTOR VENKAT SWAMI .. PETITIONER Vs. THE STATE OF MAHARASHTRA .. RESPONDENT Smt. Indu Verma, Advocate (appointed) for the petitioner Mr. S. S. Pednekar, APP CORAM: SMT. RANJANA DESAI & SMT MRIDULA BHATKAR, JJ. DATED: 28tht January, 2010 P.C. The petitioner is lodged in Nashik Road, Central Prison, Nashik. He is a life convict. He is aggrieved by the fact that his furlough application is rejected by the prison authority. He has sought parole on the ground that his mother is ill. In the impugned order it is stated that the petitioner’s mother is suffering from diabetes and high blood pressure. It is further stated that he was released on parole on 8th February, 2009, however, he returned to the prison 45 days after the parole period got over. It is further stated that if the petitioner is released on parole there is likelihood of some law and order problem during the ensuing Assembly elections. It is also stated that the co-accused of the petitioner have absconded and, therefore, the petitioner is likely to abscond. 2. So far as Assembly Elections are concerned they are over, so that fear does not exist now. It is true that the petitioner returned to the prison 45 days after the earlier parole period expired. However, for that punishment has been imposed on him according to the prison rules. That other co-accused have absconded cannot be a reason for denying parole because, we are informed that the petitioner was granted furlough on 14/8/09 for a period of two weeks and he returned to the prison 8 days earlier. We find from the certificate dated 10/8/09 which is annexed to the petition that the petitioner’s mother is 65 years of age, she is suffering from hypertension and diabetes and is advised bed rest. 3. In the circumstances and considering the fact that earlier the petitioner returned to the prison eight days prior to the expiry of the furlough period. We feel that for a period of eight days only the petitioner may be released on parole after he fulfills all other requirements. The order releasing the petitioner on parole be passed in accordance with law after imposing usual conditions. After the parole period gets over the petitioner shall surrender to the jail. 4. This order should be communicated to the petitioner in jail. 5. Petition is disposed of. (Smt. Ranjana Desai, J.) (Smt. Mridula Bhatkar, J.)