1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. WRIT PETITION NO.317 of 2011 (Sanjay Shriram Gondchar ..vs.. The Divisional Commissioner and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.S. Bhat, Advocate for the petitioner, Mrs. N.R. Tripati, APP for the respondent-State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : 24-06- 2011 . Heard learned appointed Counsel for the petitioner and learned A.P.P. for the respondent-State. Prayer of the petitioner is that his parole period be extended from 29-1-2010 to 01-3-2010. The facts of this case are that by order dated 08-12-2009 the petitioner was released on parole on the ground of serious illness of his father. Parole was granted for a period of three weeks. The petitioner applied for extension of parole and he was granted extension for a period of 30 days. The petitioner again preferred an application for extension of parole, however the said application came to be rejected. Thereafter the petitioner surrendered on 01-3-2010. As his parole period was not extended, the period from 28-2-2010 to 01-3-2010 would be deemed as overstay and the petitioner has sought that his parole leave may be extended for this period. The petitioner is seeking extension of the parole during this period as he apprehends that prison punishment 2 would be imposed on him. The learned A.P.P. states that as of now no prison punishment has been imposed on the petitioner, so also show cause notice has not been issued to the petitioner on account of overstay. In case the authority decides to impose prison punishment on the petitioner on account of overstay, they would first issue show cause notice to the petitioner. After issuing show cause notice to the petitioner, it would be open to the petitioner to point out all the facts and pray that delay be condoned by filing reply to the said show cause notice. If at all despite the reply, prison punishment is imposed on the petitioner, it would be open to the petitioner to challenge the same before the Court. Hence, no case is made out at this stage for grant of relief. Petition disposed of. Fees to be paid to the appointed Advocate are quantified at Rs.1000/- (Rupees One thousand only). JUDGE JUDGE pma