1 wp.2301.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2301 OF 2010 Khurshid Aalam Abdul Kayum Shaikh ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.A.V.Chatuphale, appointed Advocate for Petitioner. Mr.K.V.Saste, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- AUGUST 31, 2010. P.C. 1. The order which is impugned in this Petition dated 26th May 2010 clearly provides that if the Petitioner is aggrieved by the said order, can take recourse of remedy of appeal within eight days. In other words, remedy of appeal is provided under the Prisons (Bombay Furlough & Parole) Rules 1959. Our attention is invited to Notification issued in exercise of powers under Rule 18(1)(ii) of the said Rules. The said Notification, amongst others, provides that in case of refusal of parole by the concerned Authority, an appeal shall lie to the State Government and the finality is given to the decision of the State Government. There is no mention in the Maharashtra Amendment about the limitation period for filing such appeal. That 2 wp.2301.10.sxw condition is imposed on account of Notification issued by way of circular issued in the year 2001. At the same time, learned A.P.P. on instructions state that the State Government does not reject the Appeals being barred by limitation and is liberal in entertaining the same, considering the fact that the Appellants are convicts in jail. 2. Suffice it to observe that the Rules of 1959 and in particular, Notification issued in the exercise of powers vested in the State Government in that behalf, the Petitioner can avail of remedy of Appeal before the State Government. Accordingly, this Petition is disposed of with direction to the jail authorities to forthwith forward the Application of the Petitioner to the State Government to be treated as Appeal against the decision dated 26th May 2010. The State Government shall, in turn, finally dispose of the said Appeal as expeditiously as possible and in any case, not later than four weeks from the receipt thereof. 3. Petition disposed of accordingly. 4. The Court expresses word of gratitude for the Advocate appearing for the Petitioner as amicus curiae. 3 wp.2301.10.sxw 5. Copy of the order be forwarded to the Petitioner, who is in jail. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)