1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.206 OF 2011. (SAWALRAM CHHUNILAL DONGARE..VS.. DIVL. COMMISIONER, NAGPUR DIVN. & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. W.G.Paunikar, Advocate (Appointed) for Petitioner. Mrs.K.S.Joshi, A.P.P. for respondent/State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : APRIL 19, 2011. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has approached this Court being aggrieved by the show cause notice which has been received by him wherein it is proposed to impose prison punishment on him for the period for which he had overstayed. The brief facts of this case are that the petitioner was granted parole on 08.09.2010 for 30 days. Thereafter he preferred an application for extension for a period of 30 days which came to be granted. Thus, the petitioner had to surrender on 07.11.2010. The case of the petitioner is that on 20.10.2010 he preferred second application for extension of the period of parole for another 30 days. This application came to be rejected by order dated 05.11.2010. It is further the case of the petitioner that he received order on 15.11.2010 and he had immediately surrendered on 17.11.2010. Though there was overstay of 10 days the said period be condoned and no prison punishment be imposed on him. 2 The learned Additional Public Prosecutor states that once the period of extension has expired if the petitioner has not received any order extending the said period he has to immediately report back to prison. As the petitioner was late in surrendering back to the prison, the prison authorities have issued a show cause notice to the petitioner as to why they should not deduct remission of two days for each day of overstay. i.e. in the ratio of 1 : 2. The matter is under process. As the petitioner has only received show cause notice it is open to the petitioner to reply to the said show cause notice. Needless to say that, after reply of the petitioner to the show cause notice is received by the concerned authorities, the authorities shall take the same into consideration and thereafter decide whether prison punishment, as proposed, should be imposed on the petitioner or not. At present this petition is premature, hence, we are not inclined to entertain the same. Petition is rejected. The office to communicate this order to the petitioner who is in Nagpur Central Prison. The learned appointed Advocate be paid fees as per Rules. JUDGE JUDGE RR..