1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.540 OF 2011 Sakhawat Hussain Abdul Sattar .Vrs.. Divisional Commissioner, Amravati and another ---------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ( Mr. N. A. Badar, Advocate for the petitioner. Mr. A. S. Fulzele, A.P.P. for the respondent.) -0-0- CORAM : P. V. HARDAS & S. B. DESHMUKH, J J. DATED : 13th OCTOBER, 2011. This is a petition under Article 226 of the Constitution of India, by which the petitioner takes exception to the order dated 23/08/2011 passed by the Divisional Commissioner, Amravati Division, Amravati. By way of his application, the petitioner was seeking his release on parole on the ground that the daughter of the petitioner was suffering from an acute attack of appendicitis and had been advised surgery. The application of the petitioner came to be rejected by the Authorities on the ground that the petitioner had absconded for a period of 2943 days when the petitioner had been released in the year 2002. Mr. N. A. Badar, learned Counsel for the petitioner, has urged before us that the Authorities have not examined the genuineness of the medical certificate annexed by the petitioner in respect of the ailment of his daughter. It is further urged before us, that the 2 disqualification namely that the petitioner had absconded cannot be held against the petitioner so as to deny him parole for the rest of the period of his imprisonment. Reliance is placed on the Division Bench Judgment of this Court in Harikant Ramnarayan Singh .Vrs. Union of India and Ors. reported in (2007 ALL MR (Cri) 1866). According to us, the certificate, which was annexed by the petitioner along with his application was dated 29th September, 2011. Whether the condition of the daughter of the petitioner is such as on today that surgery is required needs to be examined by the Authorities afresh. We dismiss this petition, but at the same time, grant liberty to the petitioner to apply afresh after annexing a fresh certificate. We direct that, if, petitioner applies for releasing him on parole on the ground of serious ailment of his daughter, the Authorities shall decide the said application on merits without being influenced by the order impugned in the present petition as well as the order passed by us dismissing this petition. Writ Petition is accordingly dismissed with liberty referred to above and with the aforesaid direction. JUDGE JUDGE Deshmukh