1 wp1617.2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 1617 of 2010 Balu @ Prakash Bhagwat Bansode ....Petitioner Vs. The Superintendent, Yerwada Central Prison Pune 411 006. ....Respondent Mr. Arfan Sait, appointed Advocate for the petitioner. Mr. D.P.Adsule-APP for the State. CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ DATED:- SEPTEMBER 23, 2010 P.C. This Petition is filed through jail. The principal grievance in the Petition is about the order passed by Superintendent, Yerwada Central Prison dated 29th April, 2010 forfeiting the security amount of Rs.10,000/- furnished by the Petitioner for availing of furlough leave on the ground that the Petitioner reported one day late. 2 wp1617.2010.sxw 2. Counsel for the Petitioner has relied on the decision of our High Court in the case of Vitthal G. Shinde v/s. State of Maharashtra & ors. Dated 11th July, 2008 in Criminal Writ Petition No.758/2008. Considering the dictum of the said decision, we set aside the impugned order and restore the Application for refund of security amount of the Petitioner before the appropriate Authority for reconsideration on its own merits in accordance with law. We keep all questions open. The appropriate Authority shall reconsider and decide afresh as early as possible in any case not later than four weeks from the receipt of this order. 3. Court expresses word of gratitude for the able assistance given by the Advocate for the Petitioner as amicus curiae. 4. Copy of this order be forwarded to the Petitioner who is in jail. (U.D. SALVI, J) (A.M.KHANWILKAR, J)