1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 479 OF 2009 Anant Chandru Wake ...Petitioner Vs. The Superintendent, Kolhapur Central Jail, Kalamba & Ors. ...Respondents Mr.Kuldeep S. Patil for Petitioner Mrs. U.V. Kejariwal, A.P.P. CORAM: SMT. RANJANA DESAI & SHRI. R.G. KETKAR, JJ. DATED : 4TH MAY, 2009 P.C. 1. The petitioner's case is that his wife is suffering from appendicitis and is to be operated upon. He has sought parole on that ground. 2. Earlier the petitioner had preferred Writ Petition No.1101 of 2007 because, his application for parole was rejected as he had not offered appropriate surety. This Court disposed of the said petition observing that, if the petitioner offers appropriate surety the respondent shall consider his application afresh. 2 3. It appears that thereafter, the petitioner's mother had offered to stand surety. The Divisional Commissioner, Pune rejected the petitioner's application interalia on the ground of adverse police report. The petitioner filed appeal to Home Department, that appeal also came to be rejected. One of the reasons for rejecting the appeal is that the certificates submitted by the petitioner are old. 4. In the circumstances in our opinion following order will meet the ends of justice:- 1.If the petitioner makes an application for parole annexing thereto a fresh medical certificates indicating the health condition of his wife and offers to give appropriate surety, the application be disposed of by he Divisional Commissioner, Pune within a period of 4 weeks from the date of receipt of this order independently and in accordance with law. 2.Order passed thereon be communicated to the petitioner. 3.Petition is disposed of. (SMT. RANJANA DESAI, J.) 3 (SHRI. R.G. KETKAR, J.)