IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 47 OF 2009 SHRI SHER SINGH PRESENTLY LODGED IN CENTRAL JAIL AGUADA ... Petitioner Versus STATE OF GOA THROUGH SECRETARY (HOME) AND 2 ORS., ... Respondents Ms. Asha Dessai, Advocate for the Petitioner. Shri C. A. Ferreira, Public Prosecutor for the Respondents. Coram:- N. A. BRITTO, J. Date:- 12th August, 2009 P.C.:- Heard Ms. Asha Dessai, learned Counsel on behalf of the Petitioner and Shri C. A. Ferreira. learned Public Prosecutor on behalf of the Respondents. The Petitioner having applied for his release on parole for the second time, his application has been rejected by the State Government by Order dated 30-1-2009 and the challenge in this petition is to the said Order. Petitioner's application has been rejected stating that as the Petitioner is a convict undergoing 12 years R.I. and fine of Rs.1,00,000/- in case he is released on parole there is every possibility that he will take advantage and will not surrender to jail. The impugned Order is arbitrary, and, therefore needs to be set aside. Petitioner's application for parole could not have been rejected on the ground that the Petitioner would not surrender to jail in case he was released on bail, as earlier, pursuant to Order dated 27-7-2007 of the Court in Criminal Revision Application No.21 of 2007, the Petitioner was released and on his own had returned to jail after the expiry of the parole period. The impugned Order reflects non application of mind to the facts of the case, and, therefore is hereby set aside. The Respondents are hereby directed to consider the Petitioner's application afresh as per the Rules and within a period of six weeks from the date of communication of this Order. On behalf of the Petitioner, it is assured that this Order will be communicated to the Under Secretary(Home). N. A. BRITTO, J. RD.