1 529.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.529 OF 2010 IN CRIMINAL WRIT PETITION NO.1953 OF 2010 Ramashankar Surajdev Oza ...Applicant Versus The State of Maharashtra ...Respondent ...... None for Applicant. Ms.S.V.Gajare, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 21, 2011. P.C. 1. This Application is received through jail. The grievance in this Application is that the Home Department was directed to consider the application of the Applicant for release on parole which however has been rejected on the specious ground that the ailment of the wife stated by the Applicant was not a serious one. When the medical certificate of the Applicant's wife was produced before us, which was the basis of taking decision by the Home Department, it transpires that the Applicant’s wife is suffering from infected appendix and has been advised surgery for removal of infected appendix. We fail to understand as to how this ailment can be 2 529.10 termed as non-serious ailment. The fact that the doctor has advised surgery of the Applicant’s wife presupposes that it is a serious ailment. 2. Realising this position, learned A.P.P. submits that the Home Department will reexamine the proposal of the Applicant afresh, uninfluenced by the earlier order. 3. Accordingly, this Application is allowed. The order passed by the Home Department is set-aside with direction to the Home Department to reconsider the proposal of the Applicant afresh on its own merits expeditiously and in any case, not later than 28th January, 2011 and communicate the decision to the Applicant within such time. Besides, the Applicant be released forthwith if a favourable order is passed in his favour by the Home Department. 4. Application disposed of accordingly. 5. Copy of the order be forwarded to the Applicant forthwith, who is in jail. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)