1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.129/2008 [Sk. Saeed Sk. Nazir .vrs. State of Maharashtra and another] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. N.A. Badar, Advocate for the petitioner, Mr. D.M. Kale, APP for the respondents. .......... CORAM : K.J. ROHEE AND B.P. DHARMADHIKARI, JJ DATED : JUNE 10, 2008 1. Mr. D.M. Kale, APP for the respondents/State seeks further time to file reply-affidavit. Since the matter is urgent, the request is rejected. 2. On 4.12.2007 the petitioner, who is a life convict, had applied for parole on the ground of serious illness of his son. By order dated 29.1.2008, the competent authority rejected the said application on two grounds, firstly, that in 1996 when the petitioner was released, he absconded for 585 days and secondly while he was released Crime no.160/2006 under section 392 2 r/w 34 of IPC was registered against him. It is thus obvious that the competent authority has not dealt with the reasons put-forth by the petitioner in releasing him on parole namely serious illness of his son. Thus, the impugned order suffers from non application of mind. 3. It may also be noted that the petitioner was acquitted by JMFC, Balapur by judgment dated 23.8.2007 in the prosecution in Crime No.160/2006 under Section 392 r/w 34 of IPC. However, the impugned order does not refer to the said judgment. In view of this, the impugned order cannot be sustained. Hence, we pass the following order : 4. The order dated 29.1.2008 is quashed and set aside. The matter is remanded back to the competent authority for deciding the application of the petitioner dated 4.12.2007 on its own merits. Needless to say that the petitioner may produce latest documents in respect of the alleged illness of his son. The competent authority is directed to decide the application within two weeks from the date of communication of this order. JUDGE JUDGE Gulande