1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Writ Petition No.532 of 2011 Nitin Mahadeorao Zakarde, Convict No. C/4029, Central Prison, Amravati. .... Petitioner. Versus 1. The Divisional Commissioner, Amravati Division, Amravati. 2. The Superintendent, Central Prison, Amravati. .... Respondents. ***** Mr. Ashish Fule, Adv. [appointed] for the petitioner. Mrs. N.R. Tripathi, Additional Public Prosecutor for the respondents. ***** CORAM : P.V. HARDAS AND P.B. VARALE, JJ. DATED : NOVEMBER 15, 2011. ORAL JUDGMENT [Per P.V. Hardas, J.]: 1] Rule. Rule is made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2 2] A communication was received from the petitioner through jail taking exception to the order passed by the respondents dated 1 st August, 2011 passed by the respondents rejecting the application of the petitioner seeking his release on parole. We had accordingly appointed learned Advocate Shri Ashish Fule, learned Counsel to represent the petitioner in this petition. 3] It appears that the petitioner had applied for his release on parole on 18.3.2011 stating therein that his mother was suffering from Typhoid and Hypertension and had been advised rest. By the time the application of the petitioner was placed before the authorities for deciding the same, the period of rest which was prescribed in the said certificate had already lapsed. The authorities, therefore, came to the conclusion that Typhoid and Hypertension were not serious ailments warranting the release of the petitioner on parole. 4] We have heard Mr. Ashish Fule, learned Advocate for the petitioner and Mrs. N.R. Tripathi, learned Additional Public Prosecutor for the respondents. 3 5] The affidavit-in-reply filed on behalf of the respondents makes it clear that the only ailment with which the petitioner had stated that his mother was suffering was Typhoid with a related ailment of Hypertension. According to us, the aforesaid ailment cannot be classified as a serious ailment necessitating the release of the petitioner on parole. In that light of the matter, therefore, according to us, no fault can be found with the impugned order. 6] Resultantly, this petition is dismissed, there being no merit in the present petition. Rule stands discharged. 7] Fees payable to the learned counsel appointed for the petitioner are quantified at Rs. 1500/- [Rupees one thousand five hundred only]. JUDGE JUDGE J. *****