1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No.701 of 2008 [P.S. Choudhari Vs. State of Mah. & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. Ketki Joshi, APP for respondents. ----- CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 06th January, 2009. 1. Petitioner had moved for release having completed 65 years of age. His application has been rejected. 2. The State has filed an affidavit placing on record the copy of policy decision authorizing release of male prisoners who have crossed 65 years of age, and women prisoners, who are above 60 years of age. 3. The policy decision lays down the condition that a prisoner should be aged and infirm, or weak. 4. The reason assigned while rejecting the petitioner's request is that the Committee, considering the status of health and fitness of the petitioner, has not certified him to be weak and/or infirm. 2 5. The decision is not an individual's decision, but a decision of the Committee, one amongst whom is a Medical Officer attached to the jail and another is a person belonging to Legal Department. 6. In this background, we find no ground to disbelieve the reason assigned which is duly supported by affidavit. 7. In view of the above discussion, there are no grounds to interfere and the Writ Petition is rejected. 8. This rejection will not come in the way of the petitioner to make a similar application in the event the petitioner looses good health. Judge Judge |Hedau| 3