JUDGMENT

S. S. Shinde, J. - 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.2 the Divisional Commissioner, Nashik, dated 21st November, 2017 [Exhibit B], and confirmed by respondent no.1 Under Secretary, Home Department, Mantralaya, Mumbai on 27th April, 2018 [Exhibit C].

3. It is the case of the petitioner that, he was convicted by the Additional Sessions Court, Dhule, for the offence punishable under Section 302, 307, 143 and 147 of the Indian Penal Code, by order dated 4th July, 2016. At present, he is undergoing life imprisonment at Nashik Road Central Prison, Nashik. Due to illness of his wife, the petitioner applied for parole to the Divisional Commissioner, Nashik, on 11th July, 2017. After receipt of the said application, the Divisional Commissioner, Nashik, called police report from the Assistant Police Inspector, Marwad and the Inspector General of Police, Jalgaon, on 23rd August, 2017 and 25th October, 2017, respectively. It is stated in the said report that, during the period of parole, the petitioner will stay with his cousin brother, namely, Dinesh Ashok Patil at Shirsale, Taluka Amalner, District Jalgaon, and not at his native place at Mukati. The petitioner is the only person in his family to take care about the medical treatment of his wife.

4. It is further the case of the petitioner that, relying on the proposal of the Superintendent, Central Prison, Nashik, police reports, and the Notification dated 26th August, 2016, the Divisional Commissioner has rejected the application of the petitioner for parole on 21st November, 2017, stating therein that, the second police report is in favour of the petitioner, but the witnesses and the complainant have objection to release the petitioner on parole; and even the medical certificate does not disclose any serious disease of his wife. Being aggrieved by the said order, the petitioner approached to respondent no.1 on 16th January, 2018, by filing Appeal. Near about three and half months the said appeal was pending before respondent no.1. Thereafter, on 27th April, 2018, respondent no. 1 has rejected the application of the petitioner on the ground that, the medical certificate produced by the petitioner is prior to one year, and certificate does not disclose any serious illness of his wife. Hence this Petition.

5. Learned counsel appearing for the petitioner submits that, as per the Government Notification dated 1st August, 2007, the application for parole/furlough has to be decided within 45 days. The petitioner has filed application for parole on 11th July, 2017, and the said application ought to have been decided on or before 25th August, 2017, as per the above mentioned Notification. Therefore, the said application has been decided by the Divisional Commissioner on 21st November, 2017, i.e. after three and half months from the date of application. Considering the facts and circumstances of the case, the order passed by respondent no.1 is illegal and against the principles of natural justice. The coaccused has filed Criminal Writ Petition No.1351/2017 before the High Court. In the said Writ Petition, the High Court has taken a view that, the petitioner therein to file application afresh with Respondent authorities, accompanied with latest medical certificate / report in respect of ailment of his wife, and directed to decide the same within two weeks, without raising the same objections/grounds, which have been raised in the impugned order. Since the date of arrest i.e. on 29th January, 2014, the petitioner has not been released on parole / furlough. This is the first application of the petitioner for parole. Earlier to this application, he filed application for furlough, wherein the police report was not received in time, and therefore, the jail authorities closed the file of the petitioner for furlough without decision.

It is submitted that, the medic