1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.537 OF 2008 (Sk. Saeed Sk. Nazir vs. Divisional Commissioner and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE , JJ. DATED : OCTOBER 24, 2008 Heard Shri Badar, learned Counsel for the petitioner, and Shri Sonare, learned Additional Public Prosecutor for the respondents. The petition is directed against the order dated 16/7/2008 whereby the Divisional Commissioner, Amravati Division, Amravati rejected the application of the petitioner for grant of parole leave on the ground of illness of his son. Shri Badar, learned Counsel for the petitioner, states that petitioner was seeking parole on the ground of illness of his son, who is suffering from nephtrotic syndrome and his condition is serious. It is submitted that the competent Authority rejected the request of the petitioner only because wife of the petitioner failed to take her son to the Police Station 2 for the purpose of getting him medically examined by the competent medical practitioner. It is contended that this Court vide order dated 21.10.2008 permitted wife of the petitioner to take her son to the Rural Hospital, Balapur for the purpose of getting him examined by the competent Medical Officer and submit medical certificate in this regard. Shri Badar, learned Counsel for the petitioner, has placed on record medical certificate dated 22/10/2008 issued by the Medical Officer, Balapur, which is taken on record. It is submitted that the said medical certificate shows that son of the petitioner is suffering from acute abdominal pain and has history of nephtrotic syndrome and is advised that son of the petitioner should be taken to Nagpur or Mumbai for further medical examination. The learned Counsel prays that the petitioner may be released on parole. Shri Sonare, learned Additional Public Prosecutor does not dispute the fact that request of the petitioner was rejected by the competent Authority for want of appropriate medical certificate in respect of illness of son of the petitioner. We have considered the contentions of the learned Counsel for the parties and perused the medical certificate dated 22/10/2008. In the 3 backdrop of the above referred facts as well as in view of medical certificate issued by the Medical Practitioner, Balapur in respect of son of the petitioner, we are of the view that case is made out for grant of parole. In the circumstances, the petition is disposed of with direction to the respondents to release the petitioner on parole after following due procedure applicable in this regard for a period of three weeks from the date of release. The petitioner is directed to surrender before the Jail Authorities on or before the due date, failing which petitioner should be arrested and brought back to the Prison. In view of above, Criminal Application No.3561/2008 is disposed of accordingly. JUDGE JUDGE khj