cwp211.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.211 OF 2011 Sudhakar Madhukar Kolhe, R/o- C.No.5820, Central Prison, Harsul, Aurangabad, Tq. & Dist-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Home Department, Mantralaya, Mumbai, 2) The Superintendent, Central Prison at Harsul, Tq. & Dist-Aurangabad, 3) The Divisional Commissioner, Aurangabad Division, Aurangabad. ...RESPONDENTS. ... Shri. S.P. Brahme Advocate for the Petitioner (appointed). Smt. R.K. Ladda, A.P.P. for Respondents. ... cwp211.11 2 CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 13TH APRIL, 2011 PER COURT : 1. Heard learned counsel appearing for respective parties. 2. The Petitioner had applied for Parole leave. The Petitioner had earlier submitted a written representation, which was treated as Criminal Writ Petition No.653 of 2010. By an order dated 23rd August, 2010 this Court (CORAM: P.V. HARDAS AND A.V. POTDAR, JJ.), permitted the Petitioner to submit medical certificate regarding ailment of his mother, within two weeks from the date of passing of order. Further, on such certificate being submitted by the Petitioner, the Respondents therein were directed to decide the cwp211.11 3 application for releasing him on parole, within six weeks thereafter, on its own merits. 3. The Petitioner submitted medical certificate in respect of ailment of his mother, ten days after expiry of two weeks period i.e. on 19th September, 2010. The learned counsel appearing for the Petitioner submits that Respondent No.2 forwarded case papers to Respondent No.3 thereafter, which was delayed communication. The Divisional Commissioner, by an order dated 24th November, 2010, rejected the application of the Petitioner on the ground that medical certificate in respect of ailment of mother of Petitioner was not forwarded within stipulated time frame provided by the High Court in the proceedings of Criminal Writ Petition No. 653 of 2010. The learned Divisional Commissioner did not deal with the application on its own merits. cwp211.11 4 4. We have perused the medical certificate and the application for Parole leave submitted by the Petitioner. We find that the medical certificate does not clearly mentions the specific ailment, for which mother of the Petitioner requires treatment. 5. We, therefore, observe that in case the Petitioner files another medical certificate in respect of ailment of his mother specifying the ailments which requires treatment, then the Respondent Authorities to consider the application of the Petitioner, on its own merits and pass suitable orders in accordance with law. With these observations the Writ Petition stands disposed of. 6. The Secretary, High Court Legal Services Sub Committee, Aurangabad is directed to pay the fees of the appointed counsel. cwp211.11 5 . The learned A.P.P. to communicate this order to the concerned Authorities. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/APR11/cwp211.11