1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Writ Petition No.350/2008 (Abdul Jagir Abdul Rajik .vs. Supdt. Open Prison Paithan and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. N.A. Badar, Advocate for the Petitioner. Mr. J.B. Jaiswal, APP for the Respondent. .......... CORAM : K.J. ROHEE &, B.P.DHARMADHIKARI, JJ. DATED : JUNE 26, 2008 1. Heard counsel for the parties. 2. The Competent Authority namely the Divisional Commissioner, Aurangabad, rejected the application of the petitioner for releasing him on parole for the illness of his wife on the ground that the medical certificate does not show that the wife of the petitioner was seriously ill. Now the petitioner has come with a case that his wife as well as his daughter both are seriously ill. However, the petitioner has moved this petition before this Bench because in the meanwhile he came on transfer from Open Prison, Paithan to Open Prison, Morshi. In view of changed circumstances and in view of the plea raised by the 2 petitioner about serious illness of his daughter, we do not find that the impugned order needs to be quashed. We, therefore, dispose of the present petition with liberty to the petitioner to apply afresh to the Divisional Commissioner, Amravati who shall decide the application within four weeks from the receipt of the application. We make it clear that the order dated 3.4.2008 passed by the Divisional Commissioner, Aurangabad will not come in the way of passing appropriate order by the Divisional Commissioner, Amravati. With this observation, the petition is disposed of. 3. The copy of this order be supplied to the learned APP. JUDGE JUDGE halwai