1 wp11211 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 112 OF 2011 Zakir Hussain Noor Mohammed Shaikh ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Mrs. Farhana Shah for the Petitioner Mr. A.S. Gadkari, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 24TH JANUARY, 2011 P.C.:- By this petition under Article 226 of the Constitution of India, it is prayed that the petitioner be released on parole for about one week so as to enable him to attend the last rites of his father, Noor Mohammed Shaikh, scheduled on 30th January, 2011. 2. If the petitioner were to be an ordinary life convict, perhaps, the relief as prayed could have been considered by the Appropriate Authority. Grant of parole to convicts is governed by the statutory 2 wp11211 provisions formulated by the State, being Furlough and Parole Rules, 1959. The trial Court has pronounced death sentence against the petitioner. In view of that order, the petitioner is ineligible to avail relief of parole as per the said Rules. The High Court cannot grant parole on its own. At best, it can direct the Appropriate Authority to consider the request of the petitioner to release him or her on parole. That, however, would be subject to the statutory provisions. 3. Realising this position, the counsel for the petitioner invited our attention to the order passed by this Court on 8th October, 2009 in Criminal Writ Petition No. 2630 of 2009 (Abdul Gani Ismail Turk v. the State of Maharashtra & Ors.). The said order reads thus:- "The petitioner is convicted and an appeal is pending in the Supreme Court against the conviction and sentence of death. The petitioner claims that his mother has died and a religious ceremony is to be performed on Sunday, 11.10.2009. Therefor, the petitioner sought permission to attend the ceremony. 2. After hearing the learned Public Prosecutor, we direct that the petitioner be brought in police escort to his home in the morning of Sunday 11th October, 2009 and be taken back to the Jail before 5 p.m. on the same day. It is made clear that the cost of police escort shall be borne by the petitioner. 3. Criminal Writ Petition is disposed of accordingly. 4. Issuance of certificate (sic) copy is expedited." 3 wp11211 4. We are informed that this order has been passed in the case of co-accused, who is similarly placed. We are afraid, it will not be possible to accede to the request of the petitioner, considering the fact that appeal against the order of conviction and sentence passed by the TADA Court is now pending for consideration before the Hon'ble Supreme Court. It is, however, open to the petitioner to approach the Hon'ble Apex Court, and seek appropriate relief, as may be advised. 5. The Writ Petition is disposed of, with liberty to the petitioner to pursue remedy before the Hon'ble Apex Court, if so advised. A.R. JOSHI, J. A.M. KHANWILKAR, J.