1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 367 OF 2009 Mohd. Shakil Mohd. Ismail .vs. State of Mah. & another. ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : JULY 30, 2009. Heard Mr. Sonwane, the learned Counsel for the petitioner and Mr. A.M. Deshpande, learned Additional Public Prosecutor for the respondents. The Writ Petition is directed against the order dated 18.6.2009 passed by the Commissioner, Amravati Division, Amravati whereby the request of the petitioner to release him on parole leave came to be rejected. The Counsel for the petitioner has submitted that the mother of the petitioner is suffering from serious ailment and, therefore, the petitioner had applied for grant of parole leave. However, without any justification, the Competent Authority has rejected the parole leave. Mr. A.M. Deshpande, learned Additional Public Prosecutor for the respondents, has submitted that the petitioner except mentioning that his mother is suffering from serious ailment has not placed any evidence in this regard in order to demonstrate the nature of ailment. Similarly, the petitioner could not submit valid surety. It is further contended that the mother of the petitioner is staying with his sister who is taking care of her mother. We have considered the contentions canvassed by the respective parties. Under the The Prisons (Bombay 2 Furlough and Parole) Rules, 1959, the parole can be granted only in case of serious ailment suffered by the spouse or the family member or other close relative of the convict. In the instant case, there is nothing on record to show what is the nature of ailment suffered by the mother of the petitioner and, therefore, it is difficult to conclude that the same is either serious or otherwise. Similarly, there are other reasons given by the Competent Authority for rejecting the application for grant of parole. For the reasons stated above, no case is made out for releasing the petitioner on parole. The Writ Petition is rejected. JUDGE JUDGE. J.