1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 330 OF 2009 Masnaji Satvaji Shirgire ...Petitioner Versus The State of Maharashtra ...Respondent. Through jail Mr. K.V. Saste, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: FEBRUARY 27, 2009 P.C.:- Heard the learned Additional Public Prosecutor. 2. The prisoner is aggrieved of rejection of his leave seeking parole on the ground that his wife was not well and she needs a surgery. He has annexed a certificate by the Medical Officer, according to which, some doctor had certified that the wife of the petitioner was suffering from certain disease and needed surgery early. The application has been rejected on the ground that the date of surgery was not mentioned in the application. Obviously, the surgery was not of an emergency, and an opinion had been given that the surgery be done 2 early, and the date could have been finalised after the petitioner was released. 3. In this view of the matter, we allow this petition, and direct that the prisoner be released on parole on usual terms and conditions. BILAL NAZKI, J. A.R. JOSHI, J.