FUTURMAL KAPOORCHAND BORANA R/O MUKKAM POST BANKLI TAHSIL SUMERPUR Vs. STATE OF MAHARASHTRA SECTION OFFICE HOME DEPARTMENT MANTRALAYA MUMBAI

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Learned A.P.P. waives service for respondent nos.1 to 3. By consent of the parties taken up for final hearing.

(3.) By this petition filed under Article 226 of the Constitution of India the petitioner has prayed for setting aside the order dated 3rd February 2012 passed by respondent no.1 appellate authority rejecting his prayer for granting parole for 30 days on the ground of sickness of his mother. He has preferred appeal against the order dated 17th September 2011 passed by respondent no.3 rejecting his application dated 17th August 2011 for grant of such a parole leave. The petitioner is a convict presently lodged at Nasik Road Prison and is undergoing sentence of life imprisonment awarded to him by Additional Sessions Judge Greater Bombay in Sessions Case No 270/2002 on 24th November 2004 for commission of offences under section 396, 395 and 449 of Indian Penal Code. The Criminal Appeal No.441 of 2005 preferred by the petitioner in this Court against the said order of conviction and sentence is pending for hearing and final disposal.