1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 51 OF 2010. 1. Shri Lalamand Nabhik Chaudhari R/o. H. No.405, Wada No.10, Ganganagar Khorlim, Mapusa Bardez, Goa Prisoner No.35, Presently serving sentence at Central Jail Aguada. .. Petitioner Versus 1. The State of Goa through Home Department (G) Secretariat, Porvori, - Goa. 2. The Inspector General of Prison Collectorate Building North Goa, Panaji 3. The Director General of Police Panaji- Goa 4. The Superintendent of Prison, Central Jail Aguada, Goa .. Respondents. Ms. Smita Gaus,Advocate for the petitioner. Mr. C.A.Ferreira, Public Prosecutor for the respondents. CORAM :- U. D. SALVI, J. DATE :- 14 th June, 2010. ORAL JUDGMENT : 1. This is a writ petition moved by the prisoner undergoing sentence of Rigorous Imprisonment for a period of 10 years and to pay fine of Rs.60,000/- and in default, one year's R.I. for the offences punishable under Sections 376, 2 IPC, 1860, and further to pay fine of Rs.500/-, in default, R.I. for one month for the offence punishable under Section 506 of IPC, for the mandamus to the respondent State for his release on parole for a period of 30 days. 2. The petitioner states that he had applied for the parole vide application dated 03.03.2010 on the ground of sickness of his wife - “Hypertension and Generalised weakness” and there being no one except Nine children – six daughters and three sons to look after his ailing wife. It appears that the respondent State passed order on 19.04.2010 rejecting the application made by the petitioner for the parole. The Authority concerned noted that the application for parole cannot be considered favourably in the absence of the police report and the application would be reconsidered if positive report from the police is received. Now, it is pointed out by the learned Public Prosecutor that negative report dated 16.04.2010 has been received. 3. Ld. Advocate Smita Gauns submitted that the petitioner's wife has been advised bed rest vide medical certificate dated 19.02.2010 and there is nobody to take her care. Rule 324 of Goa Prison's Rule,2006 enables the 3 prisoner to seek parole in the event of emergent situations like death or serious illness of father, mother, brother, sister, spouse and children and also marriage of brothers, sisters, children. “Hypertension and Generalise weakness” cannot be per se termed as a serious illness unless it is shown medically that it has developed life threatening bodily infirmity calling for immediate medical intervention. It can also be seen that the petitioner's wife is living in a company of 7 children, and looking to her age and strata of society she comes from, it can very well be said that she has assistance of sufficiently grown up children to take her care. Police report dated 16.04.2010 reveals that the prisoner was convicted for committing rape on his own daughter. Justifiably, therefore, the fears have been expressed in the report dated 16.04.2010 that there is every possibility of his daughters being threatened with the prospect of the misfortune one of the siblings suffered. 4. No substance is, therefore, seen in the present writ petition. Rule is, therefore, discharged with no order as to costs. U. D. SALVI, J. SMA 4