1 wp2537.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2537 OF 2010 Hitendra S. Patil. ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Ms. Prachi Tatake i/b. Mr. V.A.Sugdare, for petitioner. Ms. S.V.Gajare, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- SEPTEMBER 3, 2010 P.C. 1. This Petition takes exception to the order passed by the Divisional Commissioner, Nashik Division dated 21 st May, 2010 whereby the Petitioner’s request for releasing him on parole leave has been rejected. The Petitioner contends that he is otherwise eligible to be released on parole. The Petitioner wanted to visit his father, who is seriously unwell at Pune. The application however, has been rejected on the finding that the witnesses in the case apprehend danger to their life after the 2 wp2537.10 Petitioner was to be released. In the first place, the Authority has completely overlooked the fact that the Petitioner was on bail during the trial and there was no untoward incident at any time while on bail. Besides, the request of the Petitioner for being released on parole is to visit his father at Pune and not to go back to his home town at Jalgaon, where the witnesses reside. The apprehension of the witnesses is of no avail. It was open to the Authority to impose strict conditions including to restrict the Petitioner from visiting Jalgaon and to remain in Pune only during the parole leave period. The Petitioner is presently in Nashik Road Jail. Besides, other strict conditions can be imposed on the Petitioner to ensure that he will have no occasion to interact with the witnesses in the case residing at Jalgaon during the parole leave period. 2. In the circumstances, we allow this Writ Petition. The impugned order is set aside. Instead, the application for parole leave made by the Petitioner will have to be reconsidered by the Authority afresh keeping in mind the observations made in this order. The appropriate Authority shall reconsider the parole leave application as expeditiously as possible and in any case within six weeks from receipt of copy of this order either 3 wp2537.10 through office of Public Prosecutor or upon production of the copy of the order by the Petitioner, whichever is earlier. 3. Petition disposed of accordingly. (U.D.SALVI, J) (A.M.KHANWILKAR, J)