108wp398.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.398 of 2009 (Narendra Babasingh .vs. State and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & P. B. Varale, JJ. Date : 10/08/2009. Heard Ms Nandita Dubey Adv. (appointed) for petitioner. This petition is directed against the order dt. 28.5.2009 passed by the competent Authority whereby the application of petitioner for grant of parole on account of ill-ness of his father came to be rejected. Counsel for petitioner has submitted that the father of petitioner is suffering from Chronic Asthama and certificate of doctor to that effect is also placed on the record of the competent Authority. It is contended that, the competent Authority, without taking into consideration seriousness of the ailment, rejected the application of petitioner only on the ground that release of petitioner is likely to cause problem to the complainant as well as witnesses those who have deposed against 108wp398.09.odt 2 . the petitioner during the course of trial. The Additional Public Prosecutor has submitted that the competent Authority has taken into consideration seriousness of the ailment suffered by the father of petitioner on the basis of certificate of doctor and it is only thereafter, came to the conclusion that the said ill-ness is not of serious nature coupled with the fact that release of the petitioner would create problem to the complainant and other witnesses. Considered the contentions canvassed by the respective counsel. As per Rule 19 of the Prison (Bombay Furlough and Parole) Rules, 1959, parole can be given to the prisoner only on account of serious ill-ness of his spouse or close relatives. It appears that the father of petitioner is suffering from chronic Asthma. However, the Additional Public Prosecutor has submitted that the certificate issued by the doctor in this regard does not show that the ailment is of serious nature. In the circumstances, in our view, no case is made out for grant of parole. Hence, the petition is dismissed. JUDGE JUDGE jais