1 3269.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3269 OF 2011 Ashwin Bansi Sapkale ...Petitioner Versus The State of Maharashtra ...Respondent ...... Ms.Bhakti Deshpande, amicus curiae. Mr.V.B.Konde-Deshmukh, A.P.P. for Respondent-State. ...... CORAM:- A.M.KHANWILKAR AND R.G.KETKAR, JJ. DATED:- DECEMBER 1, 2011. P.C. 1. This letter Petition is filed through jail. The challenge in this petition is to the order passed by the Appropriate Authority rejecting the petitioner’s request to release him on parole. Against the said decision, the petitioner had filed appeal before the State Government but even the appeal has been rejected. Learned amicus curiae submits that only three reasons have weighed with the Authorities to reject the petitioner’s request for parole. The petitioner had made the application on the ground that his mother is a senior citizen and there is no other family member to look after her, except his old aged father, who is also not in a position to attend to his ailing mother. 2 3269.11 2. The first reason that weighed with the Authority, is that, on all the five occasions in the past, when the petitioner was released either on furlough leave or parole, he had overstayed the specified period. The second reason is that the petitioner has offered his father as his surety who will receive him while he will proceed on parole. There is no guarantee that the father would ensure return of his son to jail within the specified time being his blood relation. The third reason is that the co-accused has absconded after he was released on furlough leave. The argument of the learned amicus curiae is that none of these grounds are germane to reject the petitioner’s application for parole. This submission does not commend to us. 3. The past record of the petitioner has been taken into account by the Appropriate Authority as well as the Appellate Authority who has arrived at the subjective satisfaction that there is no guarantee that the petitioner would return back to jail within the specified time. Learned amicus curiae submits that the petitioner would abide by any strict condition that we would like to impose, and in case the petitioner commits any default on this occasion, he would waive his right to apply for parole or furlough leave 3 3269.11 in future until the completion of his remaining sentence. The petitioner would also undertake to report to the nearest Police Station on daily basis. The petitioner is willing to abide by any other strict condition that may be imposed by the Authority. That, however, is a matter within the domain of the Appropriate Authority. We cannot express any opinion in that behalf. The Appropriate Authority has to be satisfied with the assurance given by the petitioner and about the surety to be offered by the petitioner to receive the petitioner while on parole. 4. In the circumstances, we dispose of this Petition with liberty to the petitioner to make representation to the Appropriate Authority to place on record his undertaking and willingness to abide by any strict condition that may be imposed by the Appropriate Authority. If such representation is made by the petitioner, the Appropriate Authority shall decide the same on its own merits in accordance with law not later than four weeks from the date of its receipt and communicate decision thereon to the petitioner within the same time. 5. In case, the decision of the Appropriate Authority is adverse to the petitioner, it will be open to the petitioner to challenge the same before 4 3269.11 appropriate forum as may be advised. All questions in that behalf will be considered on their own merits in accordance with law. 6. The Court expresses word of gratitude for the able assistance given by the learned amicus curiae. 7. A copy of this order be forwarded to the petitioner who is in jail for information. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)