1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.448/2010 _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mrs. I.M. Koparkar for the Petitioner. Mrs A.S.Pai ,A.P.P. for the Respondent. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 17TH MARCH, 2010 P.C. :- 1. Heard learned counsel for the parties. 2. The petitioner has impugned the order dated 5.12.2009 passed by the Divisional Commissioner, Pune Division, Pune rejecting the application dated 29.7.2009 made by the petitioner for parole leave. The petitioner’s application has been rejected on the ground that the 2 surety is aged and not capable to control and to take the petitioner’s responsibility, if released on parole. The petitioner had given his mother’s name as surety. It is also mentioned in the order that the father of the petitioner is ailing and there is no other person to take his care, suggesting thereby that the mother would be involved in taking care of his father and she would not be able to take the petitioner’s responsibility. In our opinion, this cannot be a ground for rejecting the application for parole leave. It is not the respondent’s case that the petitioner, if released on parole, would need to keep under supervision all the while and that the surety should be capable enough to control him and take his responsibility. In the present case, in our opinion, the petitioner’s mother can be accepted as a surety. If the concerned Authority finds that the surety is not capable to keep control over the petitioner or to take his responsibility, it is always open to impose conditions such as reporting to the nearest 3 police station from the place of his residence. In the circumstances, we set aside the impugned order dated 5.12.2009. The Divisional Commissioner shall consider the petitioner’s application dated 29.7.2009 afresh and pass appropriate orders within a period of four weeks from the date of receipt of this order. The Divisional Commissioner to communicate his order to the jail authorities expeditiously. With these observations the writ petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)