mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRI8MINAL WRIT PETITIN NO. 734 OF 2009 VIJAY BABURAO MUSALE .. PETITIONER Vs. THE STATE OF MAHARASHTRA .. .. RESPONDENT Mr. Smt. Anjali Waghmare for the petitioner Ms. P. H.Kantharia, APP CORAM: SMT. RANJANA DESAI & R. G. KETKAR, JJ. DATED: 30/06/2009 P.C. The petitioner had prayed for parole on the ground that his wife is ill and requires surgery. His application was rejected by the Divisional Commissioner, Nasik Division, Nasik on the ground that the medical certificate described the illness as I.H.D. which cannot be called serious. In our opinion, the impugned order cannot be disturbed because the certificate does not clearly state that any surgery is required. No date for surgery is fixed. In such circumstances parole cannot be granted to the petitioner. Besides the petitioner was released on parole on 27/3/07 and he surrendered to the prison 47 days after expiry of the parole period. The petition will have to be, therefore, dismissed and is dismissed accordingly. 2. Needless to say that, if the petitioner prefers fresh application with medical certificate indicating the nature of illness and the tentative date of operation, the prison authorities may consider his application sympathetically. 3. This order may be communicated to the petitioner in jail. (SMT. RANJANA DESAI, J.) (R. G. KETKAR, J.)