108wp416.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.416 of 2009 (Pravin Awadhut Mendhe .vs. State and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & P. B. Varale, JJ. Date : 10/08/2009. Heard Mr. B, M, Waranashiwar, Adv. (appointed) for petitioner and Mr. S. J. Jichkar, Adv. for respondents. Following facts are not in dispute : That the petitioner was released on parole leave by the competent Authority vide order dt. 23.3.2009 for a period of fifteen days. Petitioner was required to surrender on the due date i.e. On 8.4.2009; however, he failed to do so and surrendered late by 37 days. It is brought to the notice of this Court by the Additional Public Prosecutor that, in the present case, petitioner is seeking direction to regularize the said period. On the backdrop of the above referred facts, when the 108wp416.09.odt 2 . respondents will take up the issue of imposing prison punishment for late surrender, at that time it will be open for the petitioner to give explanation to the Authorities as to why the petitioner did not surrender on the due date and the Authorities are expected to conclude the issue of awarding prison punishment after taking into consideration the explanation, if any, given by the prisoner. In the circumstances, no case is made out for showing indulgence. Hence, the Criminal Writ Petition is disposed of. JUDGE JUDGE jais