IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.340 OF 2009 Muzummil Umar Kadri .. Petitioner. V/s. The State of Maharashtra & Ors. .. Respondents None for the Petitioner. Mr.K.V.Saste, A.P.P.for the State. CORAM : BILAL NAZKI and A.R.JOSHI, JJ. DATED : FEBRUARY 24TH, 2009. P.C. The Petitioner seeks parole on the ground that his wife needs some surgery. He moved an application which was rejected by an order dated 20th November, 2008. The application was rejected 1 on the ground that the date of surgery of the wife was not mentioned. It is also mentioned that since he was involved in a bomb blast case, he could not be granted parole. 2. We have heard the learned Public Prosecutor. Nobody appears for the Petitioner. It is not disputed that the Petitioner was on bail for 11 years during the trial and there was no adverse report against him that he misused the bail. It is also manifestly clear from the Petition, itself, that the Respondent had granted furlough to the Petitioner on 1st December, 2008. If the Petitioner was dangerous to the public because he was involved in the bomb blast case, then the Respondents would not have granted him furlough. 3. The surgery requires for the wife of the Petitioner was not of a major nature. As a matter 2 of fact, it could have been performed in usual course accordingly and thereafter the date for such surgery could be fixed even after the Petitioner had come out on parole. 4. For all these reasons, we allow the Petition, set aside the order dated 20th November, 2008. The Petitioner will be released on parole for 14 days on usual terms and conditions. 5. The Writ Petition is, accordingly, disposed of. (BILAL NAZKI,J.) (A.R. JOSHI, J.) 3 4