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6 The petitioner further submits that his father is admitted in Hinduja hospital for medical treatment of lung cancer, and therefore, the petitioner has prayed for his release on parole leave for the period of 3 months, so that he would look after his ailing father. The petitioner also contends that his application is within ambit of Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959, and therefore, he is entitled to be released on parole leave as prayed for.

9 As regards the contention of respondent no.2 that police report of the Assistant Commissioner of Police, Mahim Division, Mumbai is adverse to the petitioner, wherein apprehension was posed that the petitioner would not return to the jail after expiry of the parole leave period, and, therefore, raised objection for his release on parole, it is pertinent to note that the said police authorities have not produced any objective material to substantiate the said apprehension, and therefore, apparently there is no substance in the said apprehension.

11 Besides that, it is also material to note that the petitioner was earlier released on furlough leave on 28.2.2009 and he surrendered himself to the prison authorities after the completion of the said furlough leave on 5.3.2009. Hence, in the light of the said matter, it is apparent that there is no substance in the apprehension posed in the alleged adverse police report and consequent rejection of the parole leave of the petitioner by the impugned order dated 29.7.2009 passed by respondent no.2 herein, which deserves to be quashed and set aside and the petitioner is required to be released on parole leave as per the Rules and Regulations.

12 In the result, present petition succeeds and the order dated 29.7.2009, passed by respondent no.2 i.e. the Divisional Commissioner, Aurangabad, rejecting the parole leave application dated 5.5.2009 preferred by the petitioner stands quashed and set aside and it is directed that the petitioner be released on parole leave for the period in accordance with law as per the Rules and Regulations forthwith. Rule is made absolute in the above terms.