1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2139 OF 2009 Mohomed Aslam Fakir Mohamed @ Sheru ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr. N.N. Gavankar i/by M. Arfan Sait for the Petitioner Mr. A.S. Gadkari, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: AUGUST 20, 2009 P.C.:- The petitioner’s daughter is being operated upon day after tomorrow. He had filed an application, seeking parole, which has not been considered so far. 2. The learned Additional Public Prosecutor, on instructions, submits that the application was received by 2 the Divisional Commissioner on 10th August, 2009, and could not be decided. However, he does not dispute that on earlier three occasions when the petitioner was released on parole, he surrendered well in time. 3. Therefore, after hearing the learned Additional Public Prosecutor, we feel that this is a case in which parole should be granted. We grant parole for 15 days to the petitioner, Mohomed Aslam Fakir Mohamed @ Sheru, since his daughter is being operated upon day after tomorrow. We direct that he be released immediately on his furnishing personal bond of Rs.10,000/- with one surety in the said amount, subject to the satisfaction of the concerned Jail Superintendent. A similar order was passed by us on 17th January, 2009 when the petitioner’s wife died, to enable him to attend to her funeral, and as a result of that order, when he was released, he surrendered back in time. BILAL NAZKI, J. A.R. JOSHI, J.