AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3091 OF 2009 Kishor Eknath Nikam ... Petitioner Vs. The State of Maharashtra ... Respondent Mr. Arfan Sait for the petitioner. Ms. U.V. Kejariwal, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 5TH FEBRUARY, 2010. P.C.:- 1. The petitioner was released on parole leave on 17/2/2006 for 30 days. He was to surrender to the prison on 17/3/2006. He got his parole leave extended from 20/3/2006 to 18/4/2006 and thereafter from 19/4/2006 to 18/5/2006. On expiry of his extended parole leave, the petitioner did not surrender to the prison on 19/5/2006. AJN 2 He made another application on 31/5/2006 for extension of parole leave. That application was addressed to the Home Minister, State of Maharashtra. That application came to be rejected on 14/8/2006. Thereafter, the petitioner surrendered to the prison on 17/8/2006 after overstaying for 91 days. For this, he has been punished according to the prison rules and his remission was cut on the basis of 1:3 ratio. He has sent this petition through jail and prayed that the punishment may be modified. 2. We are not inclined to modify the order of punishment because the petitioner was given parole for 90 days i.e. the maximum period for which a prisoner can be released on parole. Besides, on expiry of 90 days, the petitioner instead of surrendering to the prison, made a belated application to the Home Minister, which came to be rejected. In view of this conduct of the petitioner, we are not inclined to give a direction for modification of the prison punishment. However, if the petitioner makes an application for parole that may be considered in AJN 3 accordance with law. This order may be communicated to the petitioner in prison. We note that Mr. Arfan Sait has ably assisted us. The petition is disposed of. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]