AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2978 OF 2009 Chandrakant Nivruti Dighule ... Petitioner Vs. The State of Maharashtra ... Respondents Ms. Indu Varma for the petitioner. Ms. U.V. Kejariwal, A.P.P. for the State. CORAM: SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 6TH JANUARY, 2010. P.C.:- 1. The petitioner's application for parole has been rejected. Affidavit has been filed by Mr. Jayant Gaikwad, Divisional Commissioner, Nashik Division, Nashik, in which it is stated as under: “I say that the Petitioner had filed an application dated 21/5/2009 for Parole Leave on account of illness of his wife AJN 2 through Superintendent, Nashikroad Central Prison. The proposal of his parole leave was received to this office vide Superintendent, Nashikroad Central Prison No.Parole 9706/09 dtd.30/05/09. The enquiry of his parole was conducted by Superintendent of Police, Nanded had recommended to grant parole leave. However, the medical certificate of the wife of the convict shows that his wife was suffering from D.U.B. with P.I.D. moreover date of operation has not been mentioned in the medical certificate. The said convict was previously released on parole on 6/01/09, but he did not surrender to the prison authorities in time. He was arrested by police and brought in jail after 271 days. The Superintendent, Nashikroad Central Prison has mentioned that the convict is not abiding the terms and conditions of parole leave.” 2. In view of the fact that the petitioner surrendered late by 271 days and in view of the categorical statement made in the affidavit that the petitioner is not abiding by the terms and conditions of the parole leave, it is not possible for us to entertain this petition. This will not, however, preclude the petitioner from making a fresh application with the latest medical certificate of his wife if AJN 3 he so desires. If such an application is made that may be considered in accordance with law. The petition is dismissed. 3. Office to communicate this order to the petitioner in jail. [SMT. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]