Dixit 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.721 OF 2009 Baburao Omkar Patil ... Petitioner Vs. The State of Maharashtra ... Respondent Mr. Arfan Sait for the petitioner. Mr. P.H. Kantharia, APP for respondent-State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 8TH JUNE, 2009. P.C.:- 1. The petitioner is lodged in Nasik Road Central Prison. He is a life convict. He is in jail for last about 9 years. The petitioner’s application for parole has been rejected by the Divisional Commissioner, Nasik, Division Nasik. Hence he has filed this petition through jail. Dixit 2 2. The petitioner’s case is that his wife is ill. In the impugned order dated 10th December, 2008, the Divisional Commissioner has noted that the medical certificate indicates that the petitioner’s wife is suffering from swelling in right breast c_ entric fever..... The Divisional Commissioner expressed that the illness is not of a serious nature. We fail to understand as to on what basis the Divisional Commissioner can opine that the illness is not of a serious nature. The petitioner is 60 years of age. We have already noted that he is in jail for about 9 years. The police have submitted a favourable report. A copy of the said report is annexed to the petition. The said report is dated 23rd September, 2008. In the impugned order, the Divisional Commissioner has made a reference to the said report. Yet he has rejected the application. The sole ground given by the Divisional Commissioner is that when the petitioner was earlier released on parole, he surrendered to the jail 14 days after the expiry of the parole period. We are informed that for this late surrender the prison authorities have already cut 14 days remission of the petitioner. In the Dixit 3 circumstances, in our opinion, this is a fit case where the petitioner should be released on parole. Hence the following order : “ O R D E R” 1. The impugned order dated 10th December, 2008 is quashed and set aside. 2. Petitioner Baburao Omkar Patil is ordered to be released on parole for a period of two weeks from the date of his release on parole. Needless to say that the petitioner shall be released on usual terms and conditions. While on parole the petitioner shall report to the nearest police station on every alternate day. On expiry of the period of parole, the petitioner shall surrender to the jail. 3. The petition stands disposed of. Dixit 4 4. Copy of the order be sent to the petitioner in Nasik Road Central Prison, Nasik. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]