V. K. TAHILRAMANI, J.

( 1 ) HEARD the learned advocate for the petitioner and the learned Public Prosecutor for Respondents. Rule. Rule made returnable forthwith. Respondents waive service, By consent matter is heard finally.

( 2 ) BY his judgment and order dated 30. 4. 2002 the learned Sessions Judge convicted the petitioner under Section 302 of IPC. The said judgment and order was challenged by the petitioner in an appeal which is pending before this Court. During the pendency of the appeal, the petitioner preferred application for parole on the ground that his wife was required to be operated. The said application came to be rejected. Against the said order of rejection, the petitioner preferred writ petition before this Court. The said writ petition came to be rejected as the petitioner had remedy of preferring appeal against the order of rejection of parole. Thereafter, the petitioner preferred an appeal to the State Government which came to be rejected. Being aggrieved by the said order of the state Government rejecting his application for parole leave, the present petition has been preferred by the petitioner.

( 3 ) THE application for parole came to be rejected on t