PRAMOD MANOHAR BANATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule return-able forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner impugns the order dated 3.2.2009 passed by the Divi-sional Commissioner, Aurangabad rejecting the application of the petitioner for his re-lease on parole on account of the serious ail-ment of his mother. Since a communication was received by this Court from jail, it was registered as Criminal Writ Petition and we had appointed Shri Abhishek Kulkarni learned Counsel to represent the petitioner in this petition before us.

(3.) According to the petitioner, mother of the petitioner was suffering from Ischemic heart disease with Hypertension with Sta-tus Asthmatic. The petitioner's mother is also said to be suffering from Diabetes. The peti-tioner on the similar grounds had earlier filed Criminal Writ Petition No. 694 of 1998 which came to be rejected by this Court observing therein that the certificate which was pro-duced by the petitioner was not either from a doctor practising in medicine or a Cardi-ologist. This Court had granted liberty to the petitioner to file an application afresh and consequent to the liberty granted by this Court, a fresh application came to be filed.