1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 669 OF 2011 Ulhas s/o Pandurang Mandavkar age 45 years, occcp. prisoner, r/of Open Prison, Taluka Paithan, District Aurangabad. Petitioner. versus The State of Maharashtra, through Secretary, Home Department, Mantralaya, Mumbai. Respondent ------- Ms. Shilpa L. Awachar, Advocate, for the petitioner. Shri N.B. Patil, A.P.P. for the Respondent-State. Coram: A. H. Joshi & A. R. Joshi, JJ. Date : August 25, 2011. Judgment : ( Per: A.H. Joshi, J.) 01. Rule. Rule made returnable forthwith and heard finally, with the consent of the parties. 02. This is a petition, challenging the order dated 21.6.2011, passed by the Divisional Commissioner, Aurangabad, refusing to grant parole. 03. Perused the impugned order. Paragraph 3 thereof incorporates the reasons for refusal of parole, which are translated as follows:- 2 (i) Though in the past, petitioner did not commit any act, it is not sure that he would not misbehave in future in case he is released on parole. (ii) In view of adverse report, it is not a fit case for grant of parole. 4. We record our dissatisfaction as to the contents of the adverse report and its acceptance by the Divisional Commissioner. 5. In the result, we set aside the impugned order and direct that the petitioner be released on parole, on his furnishing Personal bond with one solvent surety in the sum of ` 2000/- to the satisfaction of the jail authorities. 6. We direct learned A.P.P. to communicate this order to the concerned authorities for early compliance, in order that the petitioner gets concession as available in law. 7. Petition is allowed. Rule made absolute, accordingly. (A. R. JOSHI, J.) (A.H. JOSHI, J.) pnd/criwp-669.11