drp {1} Cri.W.P.No.1145/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITINO NO.1145 OF 2010 Raju Dhamma Bhonya PETITIONER VERSUS The State of Maharashtra RESPONDENT ....... Mrs.K.P.Mutatkar, Advocate for the petitioner (Appointed) Mr. N.R.Shaikh, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 22nd December 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.): 1. Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2. A communication sent by the petitioner through jail has been registered as Criminal Writ Petition and accordingly we have appointed Mrs.K.P.Mutatkar, learned counsel, to represent the petitioner in this petition before us. The limited grievance of the petitioner, in this petition, is that his application dated 30.08.2010, seeking his release on Parole, on the ground of illness of his brother, is pending and has not been decided by the drp {2} Cri.W.P.No.1145/2010 respondent authorities. 3. In response to the notice issued to the respondent, the respondent has filed affidavit in reply. In the affidavit in reply, it is urged before us that since the application is pending, the petition is premature and the same may be rejected. The application filed by the petitioner has remained pending since August 2010 i.e. for more than 3 and ½ months. According to us, application cannot be allowed to keep pending for such an indefinite period. In these circumstances, therefore, we are inclined to allow this petition and direct the respondents to decide the application of the petitioner, in accordance with law. 4. Accordingly, we allow this petition and direct the respondent authorities to decide the application of the petitioner dated 30.08.2010, if pending, in accordance with law, within a period of 4 weeks from today and communicate the decision thereon to the petitioner. 5. Rule is made absolute on the terms indicated above with no order as to costs. We quantify the fees payable to advocate Mrs.Kalpana Mutatkar at Rs.1,500/- [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/cwp1145-10