((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2071 OF 2008 Aruna Harishchandra Patil Petitioner versus The State of Maharashtra & ors. Respondents Mr.N.N.Gavnekar with Arfan Sait for petitioner. Mrs.M.M.Deshmukh, APP for respondents. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 03rd October 2008 PC : 1. The petitioner has been convicted for offences punishable under section 420 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment. The petitioner is presently on parole since 2nd September 2008. 2. The petitioner, as per Rules, was required to apply for extension of parole seven days before expiry of the term of parole. Accordingly, on 25th September 2008, the petitioner applied for extension of parole. In terms of the Rules, though no date has been fixed for deciding such application, it will have to be construed that the decision will ((-2-)) also be taken within seven days from the date of receipt of such application, otherwise, the petitioner will have to surrender. If the object is extension of the period of parole, asking the convicts person to surrender will defeat the object. 3. Once parole is granted, it is presumed that the concerned authorities would have the necessary material with them. In regard to extension, the question of application of mind will only be :- (i) as to whether during the period of parole, has the applicant acted in any manner which would disentitle the applicant for any further extension on parole? and (ii) whether on the material before the authority and circumstances of the case the authority is of the opinion that parole should be extended or not? 4. In view of what is stated hereinabove, in our opinion, on an applicant making an application seven days before the expiry of the period of parole, there is a corresponding duty ((-3-)) on the Competent Authority to decide the said application within seven days from the date of its receipt and communicate the decision to the applicant. 5. All applications for parole hereafter in cases where the applicant is on parole should be decided within seven days of receipt of the application. The respondent no.1 shall ensure that these directions are complied by all authorities who are considering the applications for parole. We may point out that these directions are necessary as during jail visits undertaken, where one of us was a party (F.I.Rebello, J.), grievances were made by the convicts that such applications are not being disposed off in time. We reiterate that it is for the authorities to decide whether parole should be granted/extended or not but that should be decided within the time frame as now set out. 6. In the instant case, the parole of the petitioner has come to an end yesterday i.e. 02nd October 2008. We extend the same till 10th October 2008. The respondents are directed to dispose off the petitioner’s ((-4-)) application on or before 10th October 2008. 7. Rule is made absolute in above terms. All concerned to act on an ordinary copy of this order duly authenticated and issued by the Registry. (F.I.REBELLO, J.) (A.A.KUMBHAKONI, J.)