S.S. Shinde, J.

1. Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

2. This Petition takes exception to the order passed by respondent no.3 i.e. Superintendent, Central Prison, Aurangabad on 10th April, 2018 [Exhibit-E], and also the order passed by respondent no.2 i.e. the Divisional Commissioner, Aurangabad, on 10th May, 2018 [[Exhibit-D].

3. It is the case of the petitioner that, he was convicted by the District and Sessions Court at Aurangabad, for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code on 22nd August, 2014. At present, the petitioner is undergoing the sentence of life imprisonment in Central Prison at Aurangabad. Due to serious illness of his wife, he filed application for parole on 8th June, 2017. The said application was allowed, by order dated 2nd January, 2018. Thereafter, he was released on parole for 45 days, on 9th January, 2018. Meanwhile, the condition of his wife became serious. However, as per the Prison Rules, he applied for extension of parole on 18th January, 2018, i.e. within expiry of his parole period. After receipt of the said application, the Jail Authority called police report from the concerned Police Station. The Assistant Police Commissioner has filed police report, stating therein that, the illness of the petitioner is serious. Even the Police has recorded the statement of the Doctor about the illness of wife of the petitioner. The Doctor has specifically advised that, wife of the petitioner needs to undergo surgery, and because of her small clinic and unavailability of some required facilities, she advised to them to go to big Hospital. During parole period, there is no complaint against the petitioner. But the wife of the petitioner has not produced medical documents in respect of tests conducted by her. It is also stated in the said report that, the police has no objection for extension of parole.

4. It is further the case of the petitioner that, considering the police report, the Divisional Commissioner, Aurangabad, has rejected the application of the petitioner on 10th May, 2018, on the ground that, the medical reason given in the police report does not disclose reality, and the wife of the petitioner had not produced any medical documents, including the recent medical report. Even she has not produced on record the blood report, sonography report and urine report. Therefore, as per the provisions of Rule 5 (19) (c) (3) of the Maharashtra Prisons [Bombay Furlough & Parole] [Amendment] Rules, 2016, the petitioner is not entitled to extend his parole. He was released on parole on 9th January, 2018, immediately thereafter, the petitioner filed an application for extension of parole on 18th January, 2018 i.e. within expiry of his parole period. He was required to surrender before the jail authority on 23rd February, 2018. The jail authority has failed to decide his application within time. Thereafter, the jail authority has rejected the application of the petitioner on 10th May, 2018. After lapse of one and half month, the copy of order of rejection of his application was served to the petitioner. Already the petitioner surrendered before the jail authority on 25th March, 2018 i.e. after availing 30 days extension. Thereafter, respondent no.3 had issued show cause notice to the petitioner, stating therein that, due to overstay of 30 days, the punishment of deduction of remission of 90 days is imposed on the petitioner by applying the ratio 1:3. The petitioner replied the said notice on 3rd April, 2018, stating therein that, due to serious illness of his wife, he applied for extension of parole. Due to pendency of his application before the Divisional Commissioner, Aurangabad, he surrendered before the Jail Authority late by 30 days. Hence this Petition.

5. Learned counsel appearing for the petitioner submits that, without considering the genuine reasons for his overstay, respondent no.3 has passed the impugned o