1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 3350 OF 2009 ASHRAFUR REHMAN AZIMULLAH SHAIKH .. PETITIONER Vs. THE STATE OF MAHARASHTRA & ORS. .. RESPONDENTS Mr. N. N. Gavankar i/b Arfan Sait for the petitioner Mr. H. J. Dedhia, APP CORAM:-SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATED:- 8/1/2010 P.C. Petitioner is a life convict. He is presently lodged in Nasik Road Central Prison. He has filed this petition praying that respondent 2 the Superintendent of Nasik Road Central Prison Nasik be directed to issue parole leave requisition application form to the petitioner and to forward the same to the 3rd respondent. The petitioner has also prayed that the 3rd respondent i.e. Divisional Commissioner, Nasik Division, Nasik Road, be directed to consider it. 2. We have heard Mr. Gavankar, learned counsel appearing for the petitioner. He has drawn our attention to the judgment of this court in Namdeo 2 Tarfe v. State of Maharashtra & Ors., 2008 (4) MLJ 341 where this court has after considering Rule 19 of the Prisons (Bombay Furlough and Parole) Rules 1959 as amended with effect from 7/2/07 taken a view that the amended rule does not put any embargo on the right of the petitioner to seek parole for a period of one year from the date of last surrender. 3. Learned counsel submitted that the 2nd respondent has not issued parole leave application form to the petitioner on a misreading of Rule 19. He has not considered the fact that it is amended with effect from 7/2/07. He submitted that in the light of the judgment of this court in Namdeo Tarfe’s case, the 2nd respondent must issue parole leave application to the petitioner and the 3rd respondent must consider it. 4. We find substance in the submission of Mr. Gavankar. We direct the 2nd respondent to issue parole leave requisition application form to the petitioner. After the petitioner sends parole leave application the 3rd respondent shall consider it expeditiously in accordance with law, keeping in mind the above mentioned judgment of this court. Petition is disposed of in the afore stated terms. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)