IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.711 OF 2009 Daulat Nimbaji Patil .. Petitioner V/s The State of Maharashtra .. Respondents Mr.B.P.Jakhade for the petitioner. Ms.U.V.Kejriwal, APP for the State. CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 15TH JUNE, 2009. P.C.: . The petitioner had made an application to the Divisional Commissioner, Nashik praying for parole on the ground that his wife is unwell. The medical certificate annexed to his application shows that his wife is suffering from chest pain. Petitioner’s application came to be rejected by the Divisional Commissioner, Nashik, on 11.12.2008 on the ground that the medical certificate annexed to his application did not indicate seriousness of his wife’s ailment. The said order dated 11.12.2008 passed by the Divisional Commissioner, Nashik is challenged in this petition. 2. So far as the medical certificate is concerned, it is of the year 2008. It does not even state that the condition of the petitioner’s wife is serious. It is necessary that the petitioner should have latest certificate so as to indicate the present physical condition of his wife. It is therefore not possible for us to interfere with the impugned order. Besides there is a remedy of appeal, which the petitioner has not availed of. 3. In the circumstances, we cannot interfere with the impugned order. However it will be open to the petitioner to make fresh application for parole annexing thereto the latest medical certificate of his wife’s health condition. If such an application is made, the prison authority shall consider it as expeditiously as possible, at any rate within a period of two weeks from the date of receipt thereof and shall pass an appropriate order in accordance with law. 4. Petition is disposed of accordingly. 5. This order be communicated to the petitioner in jail. ( SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)