1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Writ Petition No.720 of 2011 [Sohail Shaikh A. Kareem Vs. The Divisional Commissioner, & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Petition is received by Post. Mr. T.A. Mirza, APP for respondent nos. 1 and 2. ----- CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 18th January, 2011. 1. On 6 th January, 2011, we had directed learned APP to produce the papers in relation to causing of delay of 2 months and 10 days in deciding the request of petitioner for extension of parole. 2. Learned APP has secured the papers and placed the same before us. 3. It is seen from the papers that by letter dated 25 th August, 2010 sent to the Civil Surgeon, the Divisional Commissioner had called 2 for the report from the Civil Surgeon about state of health of the petitioner s mother. 4. On 17 th September, 2010, the Divisional Commissioner received the reply dated 8 th September, 2010, from the Office of Civil Surgeon, informing that the patient will have to be examined, for which purpose, the patient was required to attend the Office of Civil Surgeon. 5. By letter dated 30 th September, 2010, the Divisional had then informed the prisoner to send his mother for examination. 6. We do not approve of this approach of the Divisional Commissioner in sending the letter to the prisoner. The letter should have been sent to the patient and not to the prisoner. 7. However, on merits, we are of the view that extension of parole is not an absolute right. Since it does not appear that the Divisional Commissioner had neglected the application, we do not propose to pass any orders in favour of petitioner. 8. We, however, expect a better quality of application of mind at the level of Office of Divisional Commissioner. 9. With these observations, we dismiss the 3 petition. 10. Steno copy of this order be supplied to learned APP for communicating the contents thereof to the prisoner, and to send its copy to the Divisional Commissioner. Judge Judge |Hedau|