1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.398/2008 [Vasanta Namdeo Pund .vrs. The State of Maharashtra and another] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. N.S. Bhat, Advocate for the petitioner, Mr. Y.B. Mandpe, APP for the respondents/State. .......... CORAM : K.J. ROHEE AND A.P. BHANGALE, JJ DATED : AUGUST 28, 2008 1. Heard the learned counsel for the parties. 2. The petitioner is in jail since 14.4.2003. He was convicted for the offence punishable under Section 302 of the Indian Penal Code by judgment dated 31.3.2005 and is a life convict. 3. On 2.11.2007 he had applied for parole leave on the ground of serious illness of his mother. However, by order dated 26.3.2008 the Competent Authority rejected the application on the ground that the illness of the petitioner's mother is not of serious nature. The petitioner has challenged the said order. 2 4. Along with the reply filed on behalf of respondent no.2, medical certificate dated 23.8.2008 issued by Dr. N.P. Nande, Medical Officer, General Hospital, Manora is produced. It shows that Dr. Nande examined Gangabai w/o Namdeo Pund, aged about 63 years, resident of Kupta and she was suffering from abdominal pain and suspected appendicitis. She was advised bed rest. 5. The learned counsel for the petitioner pointed out that the Superintendent of Police, Washim submitted his report through District Magistrate, Washim which shows that the mother of the petitioner is very old, she is often ill, there is nobody to look after her and that the police have no objection for releasing the petitioner on parole. However, the Competent Authority did not agree with this report and rejected the application as the illness of the petitioner's mother was not of serious nature. We do not find anything wrong in the decision taken by the Competent Authority. We are, therefore, not inclined to interfere with the order. Hence, the order : 6. The writ petition is dismissed. The fees of the counsel appointed for the petitioner are quantified at Rs.750/-. JUDGE JUDGE Gulande