1 wp 1556-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1556 OF 2011 Ganeshwar Shrimant Nagane ...Petitioner vs. The Superintendent of Prisons, Yerwada Open Prison, Pune, & Anr. ...Respondents Ms.Pushpa D. Thapa for the Petitioner. Mr.Y.S. Shinde, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JUNE 20, 2011 P.C. :- 1 Admittedly, the petitioner surrendered on 8th January, 2011 on expiry of his parole leave. As per him, his niece (sister’s daughter) is scheduled to get married on 26th June, 2011 and therefore, he has filed this petition for being released on parole leave. 2 As per Rule 19 of The Prisons (Bombay Furlough and Parole) Rules, 1959, the prisoner may be 2 wp 1556-2011 released on parole for such period as the competent authority referred to in Rule 18, in its discretion may order, in cases of serious illness; or death of any member of prisoner’s family or of his nearest relatives or for any other sufficient cause. The competent authority for considering such applications is the Divisional Commissioner of the concerned Revenue Division. 3 Thus, it was necessary for the petitioner to apply for parole leave to the competent authority and more so, when his appeal is not pending before this Court. Even otherwise, at this belated stage, his prayer for parole leave cannot be considered by us, unless such a prayer was rejected by the competent authority. 4 Hence, the petition is rejected. (U.D. SALVI, J) (B.H. MARLAPALLE, J)