AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2976 OF 2009 Naresh Suklal Karosiya ... Petitioner Vs. The State of Maharashtra ... Respondents Ms. Nasreen S.K. Ayubi for the petitioner. Ms. P.H. Kantharia, A.P.P. for the State. CORAM: SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 6TH JANUARY, 2010. P.C.:- The petitioner is lodged in Nasik Road Central Prison. He is a life convict. He was released on parole on 16/11/2006. He surrendered to the jail on 19/2/2007. He surrendered late by four days. He was again released on 12/3/2008 and he surrendered to the jail on 25/6/2008. He surrendered late by 44 days. He preferred the third application for parole on 11/6/2009 on the ground that his AJN 2 son is ill. It was rejected on 1/8/2009 for the reasons that the illness of the petitioner's son is not serious and that his son is only advised to take rest. We find that the certificates are of the years 2006 and 2007. During this period, the petitioner had been released on parole. It would be, therefore, proper for the petitioner to make a fresh application with the latest medical certificate as regards the condition of his son. If indeed the petitioner's son is suffering from heart decease and the ailment is serious, then the prima facie observation that the illness is not serious, is not proper. We, however, do not express any final opinion. The petitioner shall make a fresh application along with a fresh medical certificate to the appropriate authority, who shall consider the same in accordance with law after verifying whether the petitioner's son is really suffering from heart decease. The petition is disposed of. [SMT. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]