1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.773 OF 2010 Achyut Madhavrao Dhore, C.No.6490, Central Prison, Aurangabad .. Petitioner Versus State of Maharashtra .. Respondent Miss Rashmi P.Gaur, Advocate (appointed) for petitioner Mr.D.R.Kale, A.P.P. for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 8th OCTOBER 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. A communication sent by the petitioner through jail came to be registered as Criminal Writ Petition. We had accordingly appointed Advocate Miss Rashmi Gaur as a Counsel to represent the petitioner in this petition before us. 3. A limited grievance of the petitioner is that though the petitioner had made out a case for grant of parole on the ground 2 of sickness of his daughter, the respondents-authorities have rejected the application of the petitioner. On notice of this petition being issued, the respondents have filed their affidavit-in- reply. In the affidavit-in-reply it is pointed out that the petitioner had not annexed the certificate in respect of the ailment of his daughter along with his application, which fell for consideration before the Divisional Commissioner. The Divisional Commissioner, therefore, rejected the application on the ground that the certificate had not been annexed. 4. In that light of the matter, therefore, we allow this petition and quash and set aside the impugned order and grant liberty to the petitioner of submitting a certificate. In the event the petitioner submits his certificate, within four weeks from today, the Divisional Commissioner shall examine the application of the petitioner afresh and pass necessary orders within two weeks of the submission of the certificate. Since only the submission of the certificate would be required, it would not be necessary to call for the Police report and decide the application afresh. 5. Writ Petition is accordingly allowed. Rule is made absolute on the above terms. We quantify the fees payable to the learned Advocate appointed at Rs.1,500/- (Rs.One thousand five 3 hundred). Copy of this judgment be forwarded to the petitioner in jail. ( A.V. POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/773.10criwp)