spb/- 1 wp1007-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1007 OF 2011 Ramakant Ramrao Dengale ... Petitioner. V/s. The State of Maharashtra & Anr. ... Respondents. --- Ms. Sangita Deo i/by I.M. Koparkar for the Petitioner. Ms. S.V. Gajare, APP for the State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 27TH APRIL, 2011. P.C. 1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 By this petition under Article 226 of the Constitution of India, the petitioner takes exception to the order passed by the respondent, rejecting application of the petitioner, seeking his release on parole. The only ground on which the application for parole came to be rejected was that in the event of the release of the petitioner, the petitioner was likely to give threats or cause harm to the complainant. It appears that the petitioner is seeking his release for the first time. Apart from the mere ipse dixit of the police officer, there is no objective material on record on the basis of which such an apprehension could be expressed. More over, spb/- 2 wp1007-11.sxw it appears that a criminal writ petition no. 897 of 2011 had been filed by one Chetan Popatlal Bhalgat, who was a co-accused of the petitioner in the trial court and whose petition has been allowed by us and we have directed his release. In that light of the matter, therefore, according to us this petition deserves to be allowed. 3 We, therefore, accordingly allow this petition and quash and set aside the impugned order and direct the concerned authorities to release the petitioner on furnishing of such terms and such conditions which the authorities consider fit and appropriate. In order to allay the apprehension of the police that the petitioner was likely to threat the complainant, it would be appropriate if the petitioner is directed to report to Tohakhana Police Station, Ahmadnagar once in a day between 10 a.m. to 12 noon during the period the petitioner is released on parole. This condition therefore, may be imposed as an additional condition to the other conditions which the authorities may impose on the petitioner. 4 Rule is thus made absolute in the above terms with no order as to costs. 5 Learned APP undertakes to communicate this order to the respondents. Registry to issue authenticated copy of this order. [M.N.GILANI,J.] [P.V. HARDAS, J.] .....