( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.807 OF 2009 CRIMINAL WRIT PETITION NO.807 OF 2009 CRIMINAL WRIT PETITION NO.807 OF 2009 Mohd.Mansur Haji Iqbal Pankar .. Petitioner v/s The State of Maharashtra & Ors. .. Respondents Mrs.A.M.Z.Ansari for the Petitioner. Ms.V.R.Bhosale, APP for State. CORAM : SMT.RANJANA DESAI & CORAM : SMT.RANJANA DESAI & CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. R.G.KETKAR, JJ. R.G.KETKAR, JJ. DATE : 5TH MAY, 2009. DATE : 5TH MAY, 2009. DATE : 5TH MAY, 2009. P.C. P.C. P.C. 1. Petitioner is at present lodged in Aurangabad Central Prison. He is convicted by the Special Judge, Mumbai for the offence u/s.3(2) of MCOC Act r/w.Section 120(B) of the IPC and was sentenced to suffer R.I.for 10 years and ordered to pay fine of Rs.5 lakhs and in default R.I.for 3 years. He was also convicted u/s.3(4) of the MCOC Act r/w.section 120(B) of the IPC and was sentenced to suffer R.I.for 10 years and fine of Rs.5 lakhs, in default R.I.for 3 years. Petitioner was also convicted u/s.411 r/w.120 (B) of the IPC and was sentenced to suffer R.I for 2 years and fine of Rs.5000/- in default R.I.for 6 months. The substantive sentences awarded to the petitioner were to run concurrently. 2. Learned Counsel for the petitioner states that the petitioner has undergone sentence of 12 years and 4 months. According to him the petitioner is undergoing ( 2 ) sentence in lieu of fine because he is unable to pay fine. Learned Counsel for the petitioner states that earlier on two occasions the petitioner had gone on furlough and he returned to prison on time. It appears that the application made by the petitioner for parole on the ground that his mother is ill came to be rejected by the Divisional Commissioner, Aarangabad. The petitioner has challenged the said order in this petition. 3. The petitioner has annexed to the petition the medical record of his mother, which indicates that the petitioner’s mother is ill and is operated upon. It appears that the Divisional Commissioner has rejected the petitioner’s applicationn for parole on the ground that there is some other person to take care of petitioner’s mother. In the peculiar facts and circumstances of this case, in our opinion petitioner must be allowed to see his mother. Merely because there is some other person to take care of petitioner’s mother, the petitioner cannot be denied parole. Moreover, as stated by us, petitioner has been in jail for more than 12 years, and on two earlier occasions when the petitioner was released on furlough he returned to the prison on time. 4. In the facts and circumstances of this case, we set aside the order dated 12.12.2008 passed by the ( 3 ) Divisional Commissioner, Aurangabad. We direct that the petitioner Mohd.Mansur Haji Iqbal Pankar be released on parole for a period of one month on such terms and conditions as may be deemed fit and proper by the prison authorities. While on parole the petitioner shall report to the Jogeshwari Police Station once in a week. Petitioner shall surrender to the prison on expiry of parole period. 5. Petition stands disposed of. (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.) (R.G.KETKAR, J.) (R.G.KETKAR, J.)