1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.866 OF 2009 Shri Sayyad Shaukat Sayyad Kasim ... PETITIONER VERSUS Divisional Commissioner, Aurangabad ... RESPONDENT ----- Smt. Vaishali Patil Jadhav, Advocate for petitioner (appointed) Shri S.D. Kaldate, A.P.P. for the respondent ----- CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 7th October, 2009. ORAL ORDER : 1. This petition is filed challenging the order of the Divisional Commissioner, refusing request of the petitioner to release him on parole for taking care of his wife, who is, according to the petitioner, not keeping good health. 2. Learned A.P.P. has placed on record a communication made by Superintendent, Central Jail, Aurangabad and states that in 2 the meanwhile, the D.I.G. Prisons has ordered that the petitioner shall be released on furlough leave on 19.9.2009, which order is received by the Open Prison, Paithan authorities on 20.9.2009. In the light of the statement made, we find that the petitioner could avail of this leave for taking care of his wife. Petition, therefore, stands disposed of. 3. The Legal Services Authority, High Court, Aurangabad to pay the fees of Mrs. Vaishali Patil Jadhav, learned counsel, as per rules, who was appointed in this case on behalf of the petitioner. [ SHRIHARI P. DAVARE, J.] [ NARESH H. PATIL, J.] fmp/cwp866.09