1 Cri.WP No.559/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.559/2011. Shri Indraraj Dashrath Sapkale Age: 26 Yrs., Convict No.6743 At present in Central Prison, Aurangabad (Through Jail Authority) = PETITIONER versus 1) The State of Maharashtra Through it's Secretary Home Department, Mantralaya, Mumbai-32. 2) The Dy.Inspector General of Central Prison, Aurangabad, District Aurangabad. 3) The Superintendent of Police, Aurangabad Central Prison, Aurangabad. 4) The Divisional Commissioner, Aurangabad Division, Aurangabad. = RESPONDENTS. *** Ms.Anita A Gadekar,Adv.(appointed)for Petitioner; Mr.VD Godbharale, APP for State ----- CORAM : A.H.JOSHI & A.R.JOSHI,JJ. DATE : 6th SEPTEMBER, 2011. 2 Cri.WP No.559/2011 ORAL JUDGMENT (PER :- A.H.JOSHI,J.) 1) Rule. Returnable forthwith and is heard by consent. 2) Heard learned Advocate appointed for the petitioner and learned APP for the State. Perused the affidavit. 3) It reveals that in December 2008, the petitioner was granted parole for thirty days by the Divisional Commissioner. The petitioner did not report in the prison on due date. 4) He was brought back by arresting him after 528 days only in July 2010. 5) The petitioner relies upon the medical certificate to demonstrate that he is suffering ailment such as, "Ischemic Heart Disease with Arthritis" etc. The certificate pertains to the period June-2010. 6) We are not satisfied that the petitioner is entitled for the concession sought by him on facts, namely:- (a) Inordinate delay and reporting to the jail by the petitioner that too upon arrest; and 3 Cri.WP No.559/2011 (b) The Medical certificate relied upon by the petitioner is is stale as it pertains to earlier period of parole. 7) We, therefore, dismiss the petition and discharge the Rule. 8) Copy of this order be sent to the Superintendent, Central Jail, Aurangabad for interpreting and explaining it to the petitioner. sd/- sd/- (A.R.JOSHI,J.) (A.H.JOSHI,J.) bdv/ Authenticated copy (BD VADNERE,PS)