1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.120/2011 Ravi Ramkrushnaji Yelekar, Convict No. C/6778, Central Prison, Nagpur ...Versus... The Divisional Commissioner, Nagpur Division, Nagpur and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Petition received by post] [Mr. T.A. Mirza, APP for respondents] CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 18.02.2011. 1. This is a letter petition. 2. The petitioner's grievance is that the order passed by the Divisional Commissioner, Nagpur Division, Nagpur on the ground that he had reported late by 46 days was very well known to the Jail Authority and the Divisional Commissioner, Nagpur. 3. He contends that having known the fact of late reporting, calling a police report was an empty formality. 4. In so far as calling of police report is concerned, we do not consider it to be futile. 2 5. We, however, do not approve the view taken by the Divisional Commissioner, Nagpur Division, Nagpur, that due to late reporting of 46 days, alone, the prayer for parole can be refused. What has to be decisive is the 'cause' or 'ground' offered for parole. 6. We, therefore, set aside the order passed by the Divisional Commissioner, Nagpur Division, Nagpur and remand the case for disposal according to law. 7. The decision be rendered by the Divisional Commissioner, Nagpur Division, Nagpur within 30 days from the date of receipt of this order. 8. Steno copy of this order be supplied to the learned A.P.P. for communication the contents thereof to the prisoner through the Superintendent, Central Prison, Nagpur. Judge Judge ssw