1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1311 OF 2009 Jamir Mirza Yasim Sheikh ...Petitioner Versus The Divisional Commissioner, Pune, & Anr. ...Respondents None for the Petitioner Mr. A.S. Gadkari, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: JULY 29, 2009 P.C.:- This is a petition filed on behalf of the prisoner, whose application for parole has been rejected on the ground of adverse report by police. 2. The police, in its report, has submitted that if he is released from custody, there would be threat to the witnesses who 2 appeared against him in the case in which he has been convicted. It is also stated, on instructions, by the learned Additional Public Prosecutor that after the prisoner was taken into custody on 1st January, 2007, he was once released on furlough, came back in time, and it was not complained by anybody that he tried to harass or even attack the witnesses. Therefore, such a finding by the police was unjustified and without any reason. 3. The order of rejection of parole is quashed, and the respondents are directed to release the prisoner on parole on usual terms and conditions. 4. The petition is accordingly allowed. BILAL NAZKI, J. A.R. JOSHI, J.