1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1400 OF 2009 CRIMINAL WRIT PETITION NO. 1400 OF 2009 CRIMINAL WRIT PETITION NO. 1400 OF 2009 Smt. Naseem Fayaz Qureshi ...Petitioner (sister of the Convict) Sardarali Safdarali ..Convict (at present lodged at Nasik Road Central Prison, Nasik). Versus The State of Maharashtra & Ors. ..Respondents Smt. Nasreen S.K.Ayubi, Advocate, for the petitioner. Mr. H.J.Dedhia, APP, for the Respondents/State. CORAM: J.H.BHATIA AND CORAM: J.H.BHATIA AND CORAM: J.H.BHATIA AND MRS.MRIDULA BHATKAR,JJ. MRS.MRIDULA BHATKAR,JJ. MRS.MRIDULA BHATKAR,JJ. (Vacation Court) (Vacation Court) (Vacation Court) DATE: 26th May,2009. DATE: 26th May,2009. DATE: 26th May,2009. P.C. P.C. P.C. 1. Rule. Rule made returnable forthwith. By consent of the learned Counsel for the parties, the 2 matter is taken up for final hearing immediately even during vacation. 2. The petitioner is the sister of one Sardarali Safdarali, who was convicted for the offence punishable under Section 302 of the Indian Penal Code and who is undergoing the sentence of life imprisonment in Nashik Road Central Prison, Nashik since 1996. According to the petitioner, the father of the convict has expired on 21st May, 2009 and the dead body is still lying in the Mortuary for the purpose of the funeral and last rites. 3. By this petition, the petitioner seeks the convict to be released on parole forthwith for the purpose of attending the funeral and the last rites of his father. The learned APP, Mr. Dedhia, has no objection to the same in view of the previous record of the said convict. 4. Therefore, the Petition is allowed. The convict be released forthwith on parole till 31st May, 2009 on his executing a personal bond of Rs.1,000/- with a condition that he shall report back at the Nashik Road Central Prison, Nashik on 1st June, 2009 at 11.00 a.m. without fail. 3 Rule made absolute accordingly. 5. Parties to act on an authenticated copy of this Order. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (Mrs.MRIDULA BHATKAR,J.) (Mrs.MRIDULA BHATKAR,J.) (Mrs.MRIDULA BHATKAR,J.)