1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.888 OF 2010 Satish Kushaba Aynar, Age - 49 years, Prisoner No.4353, Open Jail, Paithan PETITIONER VERSUS The State of Maharashtra RESPONDENT Ms.Z.M.Surti, learned counsel for the petitioner. Mr.N.R.Shaikh, learned A.P.P. for respondent State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 15/10/2010 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. This is an unfortunate incidence of the petitioner, who had applied for seeking his release on parole and furlough, being informed by the authorities that for want of receipt of a police report from the Supdt. of Police, Ahmednagar, his applications can not be decided. 2 3. At the outset, learned counsel appointed on behalf of the petitioner seeks leave to join the Supdt. of Police, Ahmednagar as a respondent to the petition. Leave granted. Amendment to be carried out forthwith. Learned A.P.P. accepts notice on behalf of the newly added respondent. 4. The petitioner, who is undergoing a sentence of imprisonment for life, had submitted an application on 17/04/2010, seeking his release on parole. Thereafter on 13/05/2010, the petitioner had applied for his release on furlough. It appears that in order to effectually decide both the applications, the prison authorities have called for a police report on 20/06/2010 from the Supdt. of Police, Ahmednagar. As the report was not received, a remainder came to be sent on 12/07/2010 and 17/08/2010, but the report was not received by the prison authorities. Thereafter, another remainder came to be issued on 23/08/2010, which also met with the same fate as the earlier remainders. According to the petitioner, there was some telephonic call on 22/08/2010. Unfortunately, for practically 4 months, the report has not been forwarded by the Supdt. of Police, Ahmednagar to the jail authorities and for want of the said report, the applications of the petitioner, seeking his release on parole and on furlough, have remained pending. 5. We certainly deprecate this attitude in not forwarding the report immediately and keeping the applications pending. There can not be any justifiable reason for not submitting the report. In that 3 light of the matter, therefore, we allow this petition and direct the Supdt. of Police, Ahmednagar to forward the report in respect of both the applications immediately and in no case later than 10 days from today, and further direct the respondent authorities to decide the said applications of the petitioner within 2 weeks of the receipt of the report from the Supdt. of Police, Ahmednagar. Learned A.P.P. undertakes to communicate this order today to the Supdt. of Police, Ahmednagar. 6. Rule is thus made absolute on the above terms with no order as to costs. We, however, quantify the fees payable to the learned counsel appointed on behalf of the petitioner at Rs.1,500/-. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT. 2010/cri.w.p.888-10