VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 513 OF 2008 Bankim Rasiklal Shah Petitioner Vs. The Union of India & Ors. Respondents Mr. Naveen Chomal, for Petitioner. Mrs. P. H. Kantharia for the Respondent No.1. Mrs. U. V. Kejariwal, APP for respondent Nos. 2 to 4. CORAM : BILAL NAZKI, AND A. P. BHANGALE, JJ. DATE : APRIL 29, 2008. PC :- . The petitioner seeks parole on the ground of treatment of chemotherapy for his cancer disease. He was convicted and sentenced to suffer 14 years imprisonment for the offence punishable under section 20(b)(ii)(c) of the N.D.P.S. Act. He preferred appeal being Cri. Appeal No. 586 of 2005, which is pending in this Court. Normal course for seeking relief of release for the petitioner is to file bail application. Therefore, he may file bail application as well. However, we are considering his case of parole as it is admitted case that the petitioner is suffering from cancer and he is undergoing - 2 - chemotherapy. Learned APP produced before us the certificate issued by the doctor, treating him, dated 26th April 2008. In this certificate the doctor has said that a cancer patient to fully recover from the disease & the side effect of the theorapy requires healthy diet, rich in protein + vitamins + iron + minerals and a family environment. The certificate issued by the doctor is taken on record. In this view of the matter, this is a case in which we should allow the petitioner to be released on parole for a period of fifteen days from the date of his furnishing personal bond in the sum of Rs.10,000/- (Ten thousand) with two sureties in the like amount, to the satisfaction of the Superintendent, Vadodra Centrail Jail, Gujarat. In the mean time, petitioner is also at liberty to move the bail application. Application is disposed of. Sd/- [ BILAL NAZKI, J. ] Sd/- [ A. P.BHANGALE, J.]