1 wp3141.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 3141 of 2010 Namdev @ Rama Krishna Khot ..Petitioner v/s. The State of Maharashtra ..Respondent None for the petitioner. Ms. S.V. Gajare – APP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- NOVEMBER 18, 2010. P.C. This Petition is filed through jail. The Petitioner was released on parole. Before availing of parole, he had applied for furlough leave. Even that request was granted by the appropriate Authority. After availing of parole, he returned back to the jail within the specified time and insisted that he should be now released on furlough leave. That request has been rejected, keeping in mind Rule-5 of parole and furlough leave. 2 wp3141.10.sxw 2. In our opinion, no fault can be found with the Authority having rejected that request which is consistent with the said Rule. However, at the sametime, we may observe that as soon as the Petitioner becomes eligible to avail of furlough leave, he may be released on the basis of order already passed subject to compliance of necessary formalities as may deem fit by the appropriate Authority. 3. With this observation, the Petition is disposed of. 4. Copy of the order be forwarded to the Petitioner who is in jail. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)