17.wp.2352-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2352 OF 2009 Ashrafur Rehman Azimullah Shaikh. ..Petitioner. Versus The State of Maharashtra and 2 others. ..Respondents. .......................... Mr.N.N. Govankar, Advocate i/b. Mr.Arfan Sait, Advocate for the Petitioner. Mr.A.S. Gadkari, A.P.P., for the Respondents - State. .......................... CORAM : BILAL NAZKI AND A.R. JOSHI, JJ. DATE : 8th SEPTEMBER, 2009. P.C. :- 1. The petitioner is serving life imprisonment. He applied for parole on the ground that his wife was to undergo surgery. He has annexed a certificate of surgeon. The learned Public Prosecutor submits that earlier also the petitioner had been released and he surrendered well in time, but, the earlier leave was granted which expired on 10.7.2009 and in terms of the Rules, ordinarily parole or furlough leave is not to be granted for six months w.e.f. 10.7.2009. Considering the language of the Rule, we do not feel that there is absolute bar, as the 17.wp.2352-09 2 petitioner's wife has to undergo surgery and the date is fixed on 12.9.2009 as per the certificate of the Surgeon. We, therefore, direct that parole leave be granted to the petitioner for one week on usual terms and conditions. No application for extension of parole shall be entertained by the Court. 2. Criminal Writ Petition is disposed of accordingly. [BILAL NAZKI,J.] [A.R.JOSHI,J.]