1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.697 OF 2008 (Santosh Devidas Shukla vs. State 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 : DECEMBER 16, 2008 Heard Shri Bhat, learned Counsel for the petitioner, and Shri Sonare, learned Additional Public Prosecutor for the respondents. The criminal writ petition is directed against the order dated 17.10.2008 whereby application of the petitioner for parole leave came to be rejected on the ground that when petitioner was released on parole/furlough on earlier occasions, he did not surrender on due date. Shri Bhat, learned Counsel for the petitioner, states that mother of the petitioner is suffering from serious medical problem and, therefore, in view of provisions of Rule 19 of the Prison (Bombay Furlough and Parole) Rules, 1959, the petitioner is entitled to be released on parole. 2 Shri Sonare, learned Additional Public Prosecutor has brought to the notice of this Court that petitioner has not mentioned nature of ailment suffered by his mother and in absence thereof, case of the petitioner does not fall within the ambit of Rule 19 of the 1959 Rules. We have considered the contentions canvassed by the respective Counsel for the parties and also perused the impugned order. The petitioner is seeking parole on the ground of ailment of his mother. Rule 19 stipulates that prisoner is entitled to be released on parole only if member of his family or his nearest relative is seriously ill. In the instant case, though the petitioner is praying for grant of parole on the ground of illness of his mother, however, there is nothing on record to show what kind of illness the mother of the petitioner is suffering from. In that view of the matter, we are of the view that at this stage no case is made out for showing indulgence. Hence, petition is disposed of with liberty to the petitioner to make a fresh application giving details about nature of illness of his mother and if such application is made, we expect the competent Authority to dispose of the same in accordance with law. Needless to mention that the impugned order dated 17.10.2008 shall not come in 3 the way of re-consideration of fresh request of the petitioner by the competent Authority. JUDGE JUDGE khj