- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.6 OF 2005 Nasirbin Sayyad Chaus, Age 54 years, Occ. Nil, at present is undergoing sentence in Central Prison, at Aurangabad. ... PETITIONER VERSUS 1. The State of Maharashtra Copy to be served on Public Prosecutor, High Court of Judicature at Bombay, Bench at Aurangabad. 2. The Superintendent of Police, Hingoli. 3. The Divisional Commissioner, Aurangabad Division, Aurangabad. 4. The Superintendent, Central Jail, Aurangabad, District Aurangabad. ... RESPONDENTS ----- Mrs. Bharti Gunjal, Advocate for the petitioner (appointed) Shri S.D. Kaldate, A.P.P. for the respondent ----- - 2 - CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 8th March, 2010. ORAL JUDGMENT (PER HARDAS, J.): 1. Initially it appears that, Advocate Shri A.P. Munde had been appointed as a counsel to represent the petitioner in this petition before us. Thereafter, by order of this Court dated 9.3.2005, Rule came to be issued making the rule returnable early. Thereafter, when this petition was listed before us and was called out today, none appeared on behalf of the petitioner. This Court, therefore, by its order dated 8.3.2010, recalled the appointment of Advocate Shri A.P. Munde as a counsel to represent the petitioner and instead, appointed Advocate Mrs. Bharti Gunjal as a counsel to represent the petitioner. 2. A communication sent by the petitioner through jail has been registered as a Criminal Writ Petition and accordingly, this petition came to be admitted. The petitioner herein takes exception to the order of the respondent rejecting the application of the petitioner seeking his release on parole for four weeks in order to perform the obsequial rites of his dead mother. Initially it appears that petitioner had applied for his release on parole on the ground that there was no one to look after his ailing mother who was aged 90 years then. The application remained pending and during the pendency of the said application, the mother of the petitioner expired. The petitioner, - 3 - therefore, accordingly filed an application seeking his release on parole on the ground of performing obsequial rites of his mother. That application came to be rejected by the authorities on the ground that since the appeal of the petitioner was pending before the Supreme Court, the authorities could not pass any orders in respect of release of the petitioner on parole. 3. Mrs. Gunjal, learned counsel for the petitioner has urged before us that the authorities have wrongly exercised the discretion in rejecting the application of the petitioner and the rejection of the application of the petitioner is an arbitrary exercise of the powers conferred on the authorities under the statute. It further appears from the record that the petitioner subsequently filed Criminal Writ Petition No.89/2008 taking exception to the rejection of his application for parole passed subsequently. The aforesaid writ petition came to be dismissed by the Division Bench of this Court. The reasons for claiming his release on parole today no longer survives for consideration. Mother of the petitioner expired way back in the year 2005 and the petitioner had sought parole on the ground of performing the obsequial rites of his dead mother. The aforesaid reason is no longer germane today for deciding the application of the petitioner for parole. It also appears that subsequently another application of the petitioner came to be rejected by the authorities and the challenge tot he rejection was dismissed by the Division Bench of this Court. In such circumstances, therefore, since the reason is no - 4 - longer germane, we dismiss this petition with liberty to the petitioner to apply afresh in accordance with law. We further direct the respondent that in the event the petitioner submits an application afresh, the respondents shall decide the said application in accordance with law. Rule is thus discharged with no order as to costs. 4. We quantify fees payable to the learned counsel appointed on behalf of the petitioner, at Rs.2000/-. [SHRIHARI P. DAVARE, J.] [P.V. HARDAS, J.]