7.w.p.828­11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 828 OF 2011 Manik Ankush Pol ] At : Convict No. 4528, ] Kolhapur Central Prison - 416 007. ] Petitioner Versus 1. State of Maharashtra, ] 2. Divisional Commissioner, Pune-1 ] 3. Superintendent, ] Kolhapur Central Prison 416 007. ] Respondents None for the Petitioner Mr. Y.S. Shinde, APP for the State CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : 7th APRIL, 2011. ORAL JUDGMENT [Per P.V. HARDAS, J]: 1. Heard. 2. Rule. Rule made returnable forthwith and the petition is heard finally at the stage of admission. 3. By this communication through jail, the petitioner who is convicted, undergoing sentence of imprisonment, seeks parole 1 7.w.p.828­11.doc leave on the ground of ill-health of his wife. 4. The learned APP states on instructions that the application submitted by the petitioner is pending consideration with the Divisional Commissioner, Pune. In the light of pendency of the said application before the Divisional Commissioner, Pune, we are not inclined to grant parole leave to the petitioner. However, we allow this petition by directing the Divisional Commissioner, Pune to decide the said application, if pending, in accordance with law, within a period of two weeks from today and communicate the decision thereon to the petitioner. 5. Rule is therefore made absolute on the above terms with no order as to costs. 6. The learned APP undertakes to communicate this order to the Divisional Commissioner, Pune. [ M.N. GILANI, J ] [ P.V. HARDAS, J ] 2 7.w.p.828­11.doc 3