IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 421 OF 2010 Shri Vanya Narsing Pawara ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mrs. Sanghmitra Wadmare, advocate for the petitioner (appointed) Mr. V.D. Godbharle, A.P.P. for respondent ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED: 6TH JULY, 2010 PER COURT:- 1 Heard counsel for the respective parties. Rule. Rule made returnable forthwith. By consent of the parties, matter is taken up for final disposal immediately. 3 The petitioner, who is in prison seeks release from Central prison at Aurangabad. In response to the writ petition, affidavit on behalf of respondent No.3, sworn in by Mr. Bharat Bhosale, is filed on 5.7.2010. From this affidavit, learned A.P.P. points out the statement made in para 3 that the petitioner will be released from prison on 1.11.2010 subject to the compliance of condition mentioned in the order dated 7.5.2010. The order passed by the State on 7.5.2010 is part of compilation, which are already produced earlier on behalf of the State. Since positive statement is made on oath that the petitioner would be released on 1.11.2010 on compliance of conditions, in our view, there is no point in keeping this writ petition pending. We also notice from the order passed by the State Government (Desk Officer to the Government of Maharashtra, Home Department) dated 7.5.2010 that the state Government has exercised powers under section 432 (4) of the code of Criminal Procedure 1973. 4 In view of this order, the officer concerned shall take into account the conduct of the petitioner and other circumstances. The statement that the petitioner would be released on 1.11.2010 made in the affidavit is accepted. 5 Writ petition is partly allowed accepting the affidavit in reply filed on behalf of the State on 5.7.2010 sworn in by Mr. Bharat Bhosale. The petition is accordingly disposed of. Rule made absolute. 6 We quantify amount of Rs.2000/- towards the fees and expenses to be paid to the learned counsel appointed by the Court. ( S. S. SHINDE. J.) (S.B. DESHMUKH, J.) rlj/