w830-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.830 OF 2010 Yusuf Sherbahadur Khan. ..Petitioner. Versus The State of Maharashtra. ..Respondent. .... Mr.Murtaza M. Nazmi, Advocate for the Petitioner. Mrs.S.D. Shinde, A.P.P., for the State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 28TH APRIL, 2010 ORAL ORDER (PER A.R.JOSHI,J.) 1. Heard rival submissions for some time. Present Writ Petition is preferred by a convict through Nashik Road Central Prison for his release on parole and for setting aside the order passed by the Competent Authority dated 29.1.2010 rejecting his parole application. 2. The only ground mentioned in the rejection order is that the surety presented by the petitioner was not ready and willing to stand as surety. There is no mention in the impugned order regarding rejection or otherwise of the another ground for parole i.e. ground of illness of son of the petitioner. As such, apparently , the said ground must have been considered by the Competent w830-10 2 Authority. 3. It is stated before us by the learned A.P.P. that the present petitioner had given the name of another surety and the competency of such surety is under investigation. It is further submitted that as and when the said surety is found to be competent, appropriate orders shall be passed by the Competent Authority on the application for parole. 4. Above statement of learned A.P.P. is accepted and in view of the same the present Writ Petition is disposed of with the direction to the Competent Authority to decide the application of the petitioner for parole, afresh after considering the acceptability or otherwise of the new surety. The Competent Authority to expeditiously dispose of the parole application and communicate the orders to the petitioner preferably within a period of three weeks from today. With these directions, Petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)