1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.838 of 2010 Dattu Vithal Waghmode Petitioner Vs. The State of Maharashtra & ors. Respondents None for petitioner. Mrs.M.M.Deshmukh, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. July 7, 2010. P.C. 1. By the impugned order dated 21/12/2009 the petitioner’s application for parole leave came to be rejected by the Divisional Commissioner, Pune Division at Pune and though the said order is appealable, in the peculiar facts of this case, we need not direct the appellate authority to treat this petition as an appeal and decide the same as such. 2 2. Mrs.Deshmukh, the learned APP, on instructions, states that during the pendency of this petition, the petitioner came to be released on furlough leave on 28/6/2010 for a period of 14 days. She further pointed out that on his surrender after completion of 14 days, there has to be a gap of six months before he becomes eligible to apply for parole leave. Thus if the petitioner surrenders before 12th July 2010 or on expiry of extended leave period, he has to wait for six months and apply afresh for parole leave. Thus as of now his application for parole leave cannot be considered. 3. Hence the petition is disposed as infructuous and it is made clear that as and when the petitioner submits an application for parole leave, it will be considered without being influenced by this order. (ANOOP V. MOHTA, J.) (B. H. MARLAPALLE, J.)