1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.902 OF 2009 Smt. Heerabai Madhav Gaikwad ..PETITIONER VERSUS The State of Maharashtra ..RESPONDENT Mrs S.G. Chincholkar, Advocate (appointed) for the petitioner; Mr V.D. Godbharle, A.P.P. for the respondent. CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 6th November, 2009 PER COURT : A communication sent by the petitioner has been directed to be registered as a Criminal Writ Petition and accordingly Mrs Chincholkar came to be appointed by the Court as a Counsel for the petitioner. It appears that the petitioner is the mother of the convict Gopal Madhav Gaikwad who is undergoing a sentence in respect of an offence punishable under section 302 of the Indian Penal Code. Earlier, the petition filed for the release of the son of the petitioner on furlough came to be rejected by this Court by its order dated 15.7.2009 dismissing the petition with liberty to the petitioner therein i.e. the son of the petitioner to challenge the impugned order of rejection of his application. It appears that the son of the petitioner instead of resorting to the remedies of 2 challenging the correctness of the aforesaid order, has filed the present petition through his mother i.e. the petitioner seeking his release on furlough. We are further informed by the learned A.P.P. that during the pendency of this petition the petitioner who had been admitted to the hospital absconded from the hospital and has now been arrested by the authorities. Learned A.P.P. also states that pursuant to the order of this Court a preliminary enquiry has already been initiated to fix the liability of the police officers in respect of the abscondance of the son of the petitioner. 2. The learned A.P.P. has pointed out to us that no application as such is pending and in that light of the matter, therefore, we are not inclined to entertain the present petition. Accordingly, this petition is sans merit and is, therefore, summarily dismissed with no order as to costs. We quantify the fees payable to the learned Counsel Mrs Chincholkar appointed on behalf of the petitioner at Rs.2,000/-. ( A.V. NIRGUDE, J.) ( P.V.HARDAS, J.) amj/criwp902.09