1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1342 OF 2009 Aftab Saeed Ahmed Shaikh & Anr. ...Petitioners Versus The State of Maharashtra ...Respondent Through jail Mrs. P.H. Kantharia, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: OCTOBER 5, 2009 P.C.:- This petition has been filed by two prisoners for grant of parole. One petitioner’s mother died. The other petitioner’s mother was ill. The applications have been decided after months of having been made, and they have been denied parole on the police report, and this is usual report that if the petitioners are released from jail, there will be danger to the witnesses who had deposed 2 against them during trial. These observations have been made by the police, without ascertaining the facts. The petitioners are in jail for more than 11 years, and as such, we feel that parole should have been granted. 2. In case of one of the petitioners, it is submitted that his wife had refused to stand surety. In these circumstances, he must be given option to furnish another surety. 3. For the reasons given above, we direct that the parole shall be granted to the petitioners and appropriate orders be passed within two weeks, and leave shall be granted on usual terms and conditions. Besides usual terms and conditions, the respondents may also direct them to appear before the concerned police station on a daily basis. 4. The petition stands disposed of. BILAL NAZKI, J. A.R. JOSHI, J.