Dixit 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.719 OF 2009 Mohd. Rafiq Abdul Rauf Shaikh @ Munna ... Petitioner Vs. The State of Maharashtra ... Respondent Ms. R.M. Dandekar for Petitioner. Ms. P.H. Kantharia, APP, for Respondent-State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 8TH JUNE, 2009. P.C.:- 1. It appears that the petitioner who is a life convict and who is undergoing sentence in Nasik Road Central Prison had applied for parole. His parole application came to be rejected on 1st November, 2008. Thereafter petitioner preferred Criminal Writ Petition No.2570 of 2008 in this court. This court disposed of the same by order dated 23rd January, 2009. Following is the order passed by Dixit 2 this court: “ The petitioner had applied for parole in January, 2008 which was rejected on the ground that parole was granted earlier on March 30, 2007, but the petitioner had overstayed by 63 days. Obviously, no fault can be attributed to the respondent for not granting parole at that stage. However, since almost two years have passed from the day the petitioner was last granted parole, if the petitioner makes fresh application for parole, the same shall be considered sympathetically and order shall be passed thereon within two weeks after an application is moved by the petitioner. 2. Writ petition is disposed of accordingly. ” 2. It appears that pursuant to this order, Divisional Commissioner, Nasik, Division Nasik has by order dated 2nd May, 2009 released the petitioner on parole of 30 days on usual terms and conditions because the petitioner’s wife is suffering from hypertension c_ chest pain c_ Din c_ Lumber Spondolysis c_ radioculopathy.... Dixit 3 3. The petition which we have received through jail appears to have been filed prior to order dated 2nd May, 2009. The petitioner is therefore not aware of the said order. Ms. Kantharia, learned APP, on instructions from Mr. G.A. Mankar, Jailer-II, Nasik Jail, states that the petitioner has been informed about order dated 2nd May, 2009 and copy thereof has been served on him. Copy of order dated 2nd May, 2009 is taken on record and marked “X”. 4. Since the petitioner has already been released on parole, the present petition has become infructuous and is disposed of as such. The office is directed to inform the petitioner accordingly. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]