ALKA (ANUSAYABAI) BHARAT MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of parties.

(2.) The petitioner is a life convict. On 5.10.2007 she applied for parole on the ground of serious illness of her husband. Along with her application she enclosed medical certificate dated 05.09.2007 issued by the Medical Superintendent, Rural Hospital, Risod. On 13.11.2007 the Additional Superintendent of Police, Washim submitted favourable report. On 14.03.2008 the District Magistrate, Washim agreed with the report of the Additional Superintendent of Police, Washim and submitted his favourable report. However, by order dated 26.03.2008 the Competent Authority rejected her application on the ground that the medical certificate dated 05.09.2007 shows that the husband of the petitioner was advised rest for 6 weeks and since that period was over, there was no need to release the petitioner. The said order is under challenge.

(3.) We find that the jail authorities acted promptly in so far as seeking reports from the Superintendent of Police and District Magistrate is concerned. The Superintendent of Police submitted his report within reasonable time. However, the District Magistrate took considerable time i.e. from November 2007 till March, 2008 to submit his report, agreeing with the report of the Additional Superintendent of Police. Perhaps this was the reason why the application of the petitioner could not be decided earlier.