GYANIK SHAHUJI MUNDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri S. P. Chapalgaonkar, learned Counsel for the petitioner and Shri K. B. Choudhary, learned A. P. P. for the respondents, Rule. By consent of the parties, Rule made returnable forthwith.

(2.) THE petitioner who is 81 years of age, has filed this petition for parole. The petitioner had applied for parole to the authorities in the month of July, 1997, on the ground that he has to attend his old and ailing wife who was seriously ill. The Divisional Commissioner, Aurangabad, rejected the said application for parole in August ,1997. The copy of the said order was not handed over to the petitioner. The petitioner thereafter filed Criminal Writ Petition No. 425 of 1997, challenging the order of rejection of parole passed by the Divisional Commissioner, Aurangabad. In the said matter, as per the order dated 3-11-1997, this Court directed that if any appeal is filed by the petitioner before the State Government against the order of rejection of parole that be decided within 15 days and the said writ petition was disposed of.

(3.) IT appears that the petitioner had not filed any appeal against the order of rejection of parole and the petitioner was not made aware that any matter regarding the grant of parole was considered by the State Government after the rejection of parole by Divisional Commissioner.