AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.566 OF 2010 Santosh Ramchandra Haldankar ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. N.N. Gawankar i/b Mr. Arfan Sait for the petitioner. Mr. H.J. Dedhia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 18TH FEBRUARY, 2010. P.C.:- 1. The petitioner has approached this court because his parole application has not been decided by the prison authority for the last six months. It is stated in the petition that the petitioner’s sister is suffering from cancer and it is in advanced stage. 2. Learned A.P.P. states that the petitioner has AJN 2 approached this court directly. He states that the petitioner should have approached the Divisional Commissioner, Pune Division. He pointed out that on the last occasion, when the petitioner was released on parole leave, he surrendered late by 364 days. 3. We find that because of the late surrender of 364 days, the petitioner has been adequately punished. His total earned remission has been forfeited, he has been permanently removed from remission system and he has not been granted parole or furlough for five years. 4. The petitioner has stated in this petition that if he is released on parole leave, he shall not make any application for extension of parole leave and surrender to the prison on time. 5. In view of this and considering the fact that the petitioner’s sister is suffering from cancer and it is in advanced stage, we feel that a sympathetic approach needs AJN 3 to be taken by the respondents. 6. We, therefore, direct respondent 3 to pass appropriate order releasing the petitioner on parole after imposing usual terms and conditions on him and if necessary, the condition of attendance to the police station. Order be passed expeditiously. Application is disposed of. 7. All concerned to act on the authenticated copy of this order. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]