1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 930 OF 2010 Ravindra s/o Ranganathrao Kajale, Age 35 years, Occu.Convict No.6794, R/o Open Central Prison at Aurangabad .. PETITIONER VERSUS 1. The State of Maharashtra 2. The Divisional Commissioner, Aurangabad 3. The Commissioner of Police, Nashik 4. The Superintendent of Police, Central Prison at Aurangabad ..RESPONDENTS Mrs.Bharati B.Gunjal, Advocate (appointed) for the petitioner Mr.D.R.Kale, Assistant Public Prosecutor for respondents CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 20th OCTOBER 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India impugns the order passed by the respondent dated 12.8.2010 2 rejecting the application filed by the petitioner seeking his release on parole on the ground of ailment of his mother and brother. It appears that the Police report, which was called for by the authorities discloses that the petitioner if released on parole was likely to threaten the witnesses who had been examined against the petitioner. According to us this ground is not germane for rejecting the application of the petitioner as the petitioner had been released on at least four occasions on parole and on eight occasions on furlough and there are no reports that the petitioner had threatened the witnesses, who had been examined against him in the trial. However, it appears that the authorities rejected the application of the petitioner also on the ground that the petitioner had not submitted the medical certificates. The submission of the medical certificates was necessary in order that the authority may assess the ailment with which the mother and the brother of the petitioner are suffering and to judge whether the ailment is of serious nature. According to us an opportunity needs to be granted to the petitioner for submitting the aforesaid medical certificates. 3. We accordingly allow this petition and quash and set aside the impugned order and permit the petitioner to tender the certificates in respect of ailment of his mother and brother within two weeks from today. On receipt of such certificates, the 3 respondents shall decide the application of the petitioner, in accordance with law, within four weeks thereafter. 4. Rule is thus made absolute on the above terms with no order as to costs. ( A.V. POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/930.10criwp)