1 IN THE HIGH COURT OF JUDICMTURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Writ Petition No. 629 of 2008 Afsar v. State of Maharashtra and anr ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms Tajwar Khan, Adv for petitioner. Mr A.S. Sonare, APP for respondents. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 24th October 2008 1. Heard Ms Tajwar Khan, learned counsel for the petitioner and Mr A.S. Sonare, learned Addl. Public Prosecutor for respondents. 2. At the outset, learned Addl. Public Prosecutor has brought to the notice of this Court that the present criminal writ petition is premature. Learned APP has submitted that when the petitioner was released on parole on earlier occasion vide order dated 5.9.2005, he failed to surrender on due date and surrendered late by 368 days. In these circumstances, the Superintendent of Prison, after following due procedure 2 applicable in this regard, proposed the prison punishment to be imposed on the petitioner. he said proposal was forwarded to the D.I.G. (Prisons) for approval and for further approval by the District and Sessions Judge. Learned APP states that the proposal is pending with the D.I.G. (Prisons) and, therefore, at this stage the petition is premature. 3. In the backdrop of the above-referred fact, we direct the D.I.G. (Prisons) to consider the proposal in accordance with law and if it is approved, further steps in accordance with law be taken. The whole process should be completed within four weeks from the date of communication of this order. Criminal Writ Petition is disposed of accordingly. Judge. Judge. hsjoshi