1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 791 OF 2009 Arun S/o Ramchandra Mane ... Petitioner. Versus The State of Maharashtra & Others. ... Respondents. -------- Miss. Rashmi P. Gaur. Advocate for the petitioner. Shri. K.B. Choudhari, Additional Public Prosecutor, for the State. -------- CORAM: NARESH H PATIL & SHRIHARI P DAVARE,JJ. DATE: 09th SEPTEMBER 2009 ORAL ORDER (PER SHRIHARI P DAVARE,J) : 1) Heard learned counsel for the parties. 2) The petitioner is life convict detained in open jail, Paithan. He had submitted an application for parole contending that, his wife was under-going treatment of DUB i.e. Dysfunctional Uterine Bleeding and she needs 2 urgent surgical treatment for the same. He also annexed the Medical Certificate to the said application to that effect. Accordingly the Divisional Commissioner, Aurangabad called the police report, and police report dated 22-05-2009 was submitted to the Divisional Commissioner, Aurangabad. The said report was adverse. Placing reliance on the said report the Divisional Commissioner, Aurangabad rejected the Petitioner’s application for parole vide order dated 12-06-2009. 3) Meanwhile, the petitioner applied for reconsideration of the police report. Accordingly the Police report dated 23-07-2009 was submitted which is favourable to the Petitioner. The said report reflects that reason given by the Petitioner for parole leave is true as well as the said report further discloses that the Police have no objection to release the petitioner on parole. 4) Thus, there are two police reports, first police report dated 22-05-2009 which is adverse 3 to the petitioner whereas and later report dated 23-07-2009 is favourable to the petitioner in respect of grant of parole. Admittedly placing reliance on earlier police report dated 22-05-2009, order dated 12-06-2009 came to be passed by the Divisional Commissioner, Aurangabad rejecting the parole to the Petitioner. 5) We have called the record of leave of the Petitioner for furlough and parole and same was produced by APP and marked at document X, and the record discloses that lastly the petitioner was released on parole on 25-10-2008 and had surrendered on 18-11-2008 i.e., two days late surrender. His earlier record discloses that he was released on furlough and parole since 2002, and he surrendered on respective due dates. 6) In the circumstances, and more particularly considering the police report dated 23-07-2009, which is favourable to the petitioner disclosing that the reason put-forth by the petitioner for parole leave is true, the Petitioner is entitled for the grant of parole leave for fifteen (15) 4 days, and therefore, the impugned order dated 12-06-2009 passed by the Divisional Commissioner, Aurangabad is required to be quashed and set aside and accordingly the following order is passed. :- 1] The impugned order dated 12-06-2009 passed by the Divisional Commissioner, Aurangabad stands quashed and set aside. 2] The Petitioner namely Arun S/o Ramchandra Mane, life convict in open prison, Paithan be released on parole for fifteen (15) days forthwith on furnishing personal bond of Rs. 2,000/- and one surety in the like amount. The Petitioner shall surrender to jail authorities on the due date . The petition stands disposed of Accordingly. (SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.) sdm/791.97