1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3032 OF 2009 Ashok Govind Borse .. Petitioner Vs. The State of Maharashtra .. Respondent Mrs. F. S. Miskin, for the petitioner Mr. R. M. More, APP for the respondent-State Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road Central Prison CORAM:-SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED :- 18 th January, 2010 P.C. 1. The petitioner is a life convict. By the impugned order he has been denied furlough. Hence the petitioner has approached this Court through Jail. 2. We have heard learned counsel for the petitioner and learned APP. An Affidavit has been filed by Mr. Jagan Nath, Special Inspector General of Police (Jail), Aurangabad . In the affidavit it is submitted that the police have sent adverse police report opposing grant of furlough. It is stated that there is likelihood of breach of peace in the locality and if the petitioner is released on furlough he may give threats to the witnesses. 2 3. Learned APP, on instructions from Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road Central Prison, states that the petitioner is in jail for about 5 years and his behaviour in jail is good. In view of this, in our opinion, the petitioner should be released on furlough in accordance with law, after imposing stringent conditions. Hence the following order. i. The Inspector General of Police (Prison), Aurangabad is directed to release the petitioner on furlough, only if he offers acceptable surety. ii. The petitioner may be released on furlough in accordance with relevant rules after imposing stringent conditions. iii. Needless to say that after completion of period of furlough, the petitioner shall surrender to the jail. iv. The Writ Petition is disposed of in the aforesaid terms. v. This order may be communicated to the petitioner in jail. (MRS.MRIDULA BHATKAR, J.) ( SMT.RANJANA DESAI, J.) jpc/