1 wp3383.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 3383 of 2010 Muzammil Umar Kadri ..Petitioner v/s. The State of Maharashtra & anr. ..Respondents Smt. A.M.Z. Ansari – advocate for the petitioner. Ms. M.H. Mhatre – APP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 16, 2010. P.C. By this Petition it is prayed that Respondent No. 3 be directed to consider the parole Application made by the Petitioner dated 4th October, 2010 expeditiously because the marriage of his daughter is scheduled to be held on 26th December, 2010. The matter was adjourned in terms of order dated 9th December, 2010, as the Court was assured that the appropriate decision will be taken on the pending Application. Today Learned APP has 2 wp3383.10.sxw invited our attention to the order dated 15th December, 2010 passed under the signature of Divisional Commissioner - Nashik Division allowing the Petitioner’s Application for parole for a period of ten days. According to Learned APP, the ten days would commence from the date of the order which will expire in the night of 25th December, 2010 and the Petitioner will have to surrender back to jail on 26th December, 2010. It is not possible to accept this submission. The period of ten days should commence from the date when the Petitioner is released from jail and not from the date of order. More so because in this case if the stand of the Learned APP were to be accepted, the purpose for which the Petitioner applied for parole would be completely negated. Inasmuch as the Petitioner asserts that his daughter’s marriage is fixed on 26th December, 2010. The prayer for parole was to enable the Petitioner to attend the marriage of his daughter. 2. Taking any view of the matter, therefore, we hold that the Petitioner may be permitted to avail of parole period of ten days from the date of his release from jail. Counsel for the Petitioner submits that the option of applying for extension of parole period available to the Petitioner may be kept open. If the Petitioner is in a position to make out good ground for such extension, that will be considered by the Appropriate Authority on its 3 wp3383.10.sxw own merits in accordance with law. We express no opinion in that behalf. 3. Petition disposed of on the above terms. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)