1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTON CRIMINAL WRIT PETITION NO.3448 OF 2010 Arif Sherbahadur Khan .. Petitioner V/s The State of Maharashtra & Ors. .. Respondents None for the petitioner. Mr.H.J.Dedhia, APP for the State. CORAM: A.M.KHANWILKAR AND V.M.KANADE, JJ. DATE: 10th December, 2010. P.C.: 1. None appears for the petitioner. Petition is dismissed for non- prosecution. 2. It is made clear that the request for restoration of this petition will be entertained only if the petitioner were to compensate the State of Maharashtra appropriately, as the officer who is personally present today to instruct the learned APP, would be required to come to this Court again if the petition were to be restored. 3. Later on, in the afternoon session, learned counsel Mr.Rahul Arote appearing for the petitioner mentioned the matter. He 2 pointed out that when the matter was called out in the morning session he was held up in some other Court. In view of the explanation offered and in the interest of justice, petition is restored. Order passed in the morning session dismissing the petition for non-prosecution is recalled. Matter proceeded immediately after restoration. 4. Heard learned counsel for the petitioner and the learned APP for the State. This petition takes exception to the order dated 14th October, 2010 passed by the Competent Authority refusing the request to release the petitioner on furlough leave. 5. The only reason for rejecting the petitioner’s request, as is stated across the bar by the learned APP is that the surety offered by the petitioner was not proper. The learned counsel appearing for the petitioner submits that in that case the petitioner will offer some other solvent surety. 6. The learned APP, in all fairness submits that if some other solvent surety is offered, the request of the petitioner will be considered and suitable order would be passed on the proposal for releasing the petitioner on furlough leave. 3 7. In view of this assurance, nothing survives for consideration in this petition. Petition is disposed of with a hope that the Competent Authority will consider the petitioner’s request for releasing him on furlough leave, as expeditiously as possible, and in any case within six weeks from the date the petitioner complies with all the formalities including furnishing the name of another solvent surety. (V.M.KANADE, J.) (A.M.KHANWILKAR, J.)