S.M.GAVHANE,J. - (1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
(2.) The petitioner - a life convict, who is undergoing sentence in Aurangabad Central Prison, has filed this petition under Article 226 of the Constitution of India and claimed relief in terms of prayer clause (B), which is reproduced as under :- "B] To quash and set aside order of Respondent No.1 dated 21.02.2017 and thereby direct Respondent No.1 to release Petitioner on Parole Leave for 30 days on execution of Personal (P.R.) Bond and, (S.B.) Bond with Guarantor and or,"
(3.) The petitioner's case is that he was convicted by the Sessions Judge, Mumbai for the offence punishable under section 302 of the Indian Penal Code by judgment and order dated 18.08.2007. He was an under-trial prisoner since 23.10.1998, till he has been convicted by the Trial Court. He applied to respondent No.2 - the Superintendent, Central Prison, Aurangabad to release him on parole. The said application was forwarded by the (3) crwp665.17 respondent No.2 to the respondent No.1 - the Divisional Commissioner, Aurangabad. By impugned order dated 21.02.2017, the respondent No.1 rejected said application on the ground that there is possibility of committing serious crime by the petitioner on his releasing on parole.;