1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 211/2011 Ashok Motiram Kudewal vs. The Divisional Commissioner, Nagpur Division, Nagpur and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. R.M.Daruwala, Advocate for petitioner. Mrs. Joshi, APP for the respondents. CORAM : MRS. V.K.TAHILRAMANI & M.L.TAHALIYANI, JJ DATE : 03.05.2011 Heard the learned counsel for the petitioner and learned APP for the respondents. 2. The petitioner preferred an application for parole on the ground of illness of his mother. The said application came to be rejected by order dated 24.12.2010. Being aggrieved by the said order of rejection, the petitioner has preferred this petition praying therein that the said order of rejection be set aside and he be granted parole. 3. The application for parole came to be rejected on the ground that the surety proposed by the petitioner was not willing to stand as surety for him and that the petitioner is in the habit of drinking and creating nuisance in the village. However, though these 2` facts are stated in the report by the P.S.I., Police Station, Selu, we find that despite this report the Superintendent of Police, Wardha has recommended that the petitioner be released on parole. Moreover, it is noticed that on five earlier occasions, when the petitioner was released on furlough or parole, he has surrendered on his own in time or at the most a day late. 4. In view of the above, we are inclined to grant parole to the petitioner. Hence, the following order. a) The petitioner, on furnishing suitable surety, be released on parole for a period of 30 days on usual terms and conditions. b) The petitioner shall report at Police Station, Selu once in a fortnight. 5. Fees payable to Advocate Mr. R.M.Daruwala, who had been appointed to represent the petitioner, is quantified at Rs.1000/-. Same be paid within three months. 6. Writ Petition stands disposed of in above terms. 7. Office to communicate this order to the petitioner who is in Central Prison, Nagpur. JUDGE JUDGE patle 3`