23.wp.2394-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2394 OF 2009 Arif Mohamad Hanif Momin. ..Petitioner. Versus The State of Maharashtra and 2 others. ..Respondents. .......................... Mr.N.N. Gavankar, Advocate a/w. Mr.Arfan Sait, Advocate for the Petitioner. Mr.D.P. Adsule, A.P.P., for the Respondents - State. .......................... CORAM : BILAL NAZKI AND A.R. JOSHI, JJ. DATE : 14th SEPTEMBER, 2009. P.C. :- 1. The petitioner moved this Petition seeking parole for three weeks as his wife is to undergo surgery on 15.9.2009. On last occasion, we gave time to the Public Prosecutor to get instructions. When this case was called today before Break, the Jailor was present. The Public Prosecutor complained that he was not being given instructions by the Jailor who was present in Court and, therefore, he was not able to assist the Court. Therefore, we adjourned the case till after the Break with a specific direction to the Public Prosecutor to get the instructions. As the petitioner has claimed 23.wp.2394-09 2 that his wife is to undergo surgery on 15.9.2009, after the Break when the case was called, the Public Prosecutor submits that the Jailor remained absent and did not provide any assistance to him. Now, the Jailor is also not present in the Court. In this view of the matter, we direct that the Inspector General of Prison shall take appropriate action in the matter against the said Jailor, in accordance with law, after initiating departmental action against the Jailor and inform this Court about the steps taken by him within two months. In the meantime, the respondents are directed to allow the petitioner to go on parole on usual terms and conditions initially for a period of one week and extend it for another two weeks, provided, the respondents have no objection to release of the petitioner on parole. Even otherwise, if the respondents have any objection to release of the petitioner on parole, they are at liberty to make a mention before this Court for recalling of this order within next two days. With these directions, Petition is disposed of. [BILAL NAZKI,J.] [A.R.JOSHI,J.]