1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1542 OF 2008 DIST.: PUNE Shekhar @ Bhagwan Chandrakant Kajale ...Petitioner Versus The Divisional Commissioner, Pune, & Anr. ... Respondents. Ms. Indrayani M. Koparkar for the Petitioner Mrs. A.S. Pai, Additional Public Prosecutor, for the Respondents. CORAM: B ILAL NAZKI and A.A. KUMBHAKONI, JJ. DATE : AUGUST 28, 2008 P.C.:- The petitioner was convicted and sentenced to life imprisonment in the year 1992. He filed an appeal, and was bailed out by the High Court. The appeal came to be decided in 2006, where the conviction and sentence was upheld by the High Curt, and the petitioner was taken into custody to serve the sentence in 2006. 2. Fact remains that for a period of 15 years after conviction, the 2 petitioner remained on bail, and at no point of time there was any allegation against him that he tried to attack any of the witnesses who had deposed against him during the trial. Now, after being taken into custody for serving the sentence, when he moved an application for grant of parole, it is rejected on the basis of a police report, which suggests that if the petitioner is released for two weeks, there would be danger to the witnesses, who appeared against him during the trial, and to the complainant and his family members. For 15 years, the man was on bail after conviction; he had not attacked any of the witnesses, nor the complainant and his family members. There was no material with the police officer concerned to come to a conclusion that there was danger to the complainant if the petitioner was released for a period of two weeks. This is, again, a case of non-application of mind by the Police Authorities. 3. Therefore, the order impugned dated 26th June, 2008 is quashed. The respondents are directed to release the petitioner forthwith on parole on usual conditions. The Writ Petition is accordingly disposed of. BILAL NAZKI, J. A.A. KUMBHAKONI, J.