AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.695 OF 2009 Parshuram Kashinath Chavan. ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. K.S. Patil for the petitioner. Mr. V.B. Konde-Deshmukh, A.P.P. for the State. Mr. A.Y. Sakhare for Dr. C.T. Patil. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 6TH MAY, 2009. P.C.:- 1. The applicant is at present lodged in Kolhapur Central Prison. He is convicted under Section 304, Part I of the Indian Penal Code and sentenced to 10 years R.I. In this petition, the petitioner has prayed that he may be released on parole for a period of 90 days. It appears that the petitioner had made an application to the Commissioner, Pune Division, Pune, for parole. That application AJN 2 was rejected on 28/8/2007. Being aggrieved by that order, the petitioner filed an appeal to the State Government. By order dated 7/10/2008, the petitioner has been informed that the appeal has been rejected. Hence, the petitioner has approached this court. 2. We have heard learned counsel appearing for the petitioner. He states that the petitioner’s mother is suffering from heart decease. She requires an urgent heart operation and, therefore, the petitioner may be released on parole. 3. Learned A.P.P. has produced medical reports from the Chhatrapati Pramilaraje General Hospital. We noticed that there are discrepancies in the two medical reports issued by Chhatrapati Pramilaraje General Hospital, Kolhapur. We had, therefore, directed Dr. Patil, who had examined the petitioner’s mother to remain present in the court. Mr. Sakhare, learned senior counsel is appearing for Dr. Patil. He states on instructions from Dr. Patil that this discrepancy has occurred due to heavy workload. 4. Having heard Mr. Sakhare, we feel that the discrepancy may be the result of heavy workload. Dr. Patil has, through Mr. AJN 3 Sakhare, assured us that he will be more vigilant and careful in future and, hence, we do not want to say anything more on this aspect. 5. So far as the merits of the petitioner’s case are concerned, admittedly the petitioner’s mother is suffering from heart decease. A certificate to that effect is issued by Dr. Patil, who is present in the court. In order dated 7/10/2008, it is stated that the petitioner has surrendered late to the prison after he was released on parole on the earlier occasion. Learned counsel for the petitioner states that after order dated 7/10/2008, the petitioner was released on furlough in March, 2009 and he surrendered to the prison on time. This is not disputed by learned A.P.P. Report to that effect is submitted in the court. It is taken on record and marked as “X”. 6. In view of this and considering the fact that the petitioner’s mother requires heart operation, we direct that the petitioner – Mr. Parshuram Kashinath Chavan be released on parole for a period of one month on such conditions as may be deemed fit to the prison authorities. While on parole, the petitioner shall attend Rajaram AJN 4 Puri Police Station, Kolhapur, on every alternate day between 4.00 p.m. and 8.00 p.m. except on the day of the operation. After expiry of the parole period, the petitioner shall surrender to the prison. 7. The petition is disposed of. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]