IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2424 OF 2008 PETITION NO. 2424 OF 2008 PETITION NO. 2424 OF 2008 Muktar Ahmad Sattar Ahmad .. Petitioner Versus The Divisional Commissioner, Pune & Ors. .. Respondents Ms.Indarayani Koparkar for the Petitioner. Dr.F.R.Shaikh, A.P.P. for State. CORAM: S.B.MHASE & A.A.SAYED, JJ. DATED: 25TH NOVEMBER, 2008. P.C. : . Heard. 2. Rule returnable forthwith by the consent of the parties. 3 The Petitioner has challenged the order dated 26th August, 2008 rejecting the furlough leave to the Petitioner. The Petitioner is a life convict but he has undergone the punishment for more than 12 years, and therefore, in view of the 2nd Proviso of sub-rule (2) of Rule 3 of the Prison (Bombay Furlough and Parole) Rules, 1959 the Petitioner is entitled : 2 : for furlough leave every year. Earlier, on two occasions he has enjoyed the furlough leave and surrendered within time. However, when last year the furlough was granted to him on 31st December, 2007 instead of surrendering within a period of 15 days, he surrendered on 9th February, 2008 and thus there was a delay of 11 days. On that ground of overstaying, the furlough has been rejected this year. However, it is pertinent to note that the Petitioner has explained that his mother was ill and on 1st February, 2008 his father-in-law expired and therefore he could not surrender himself within a stipulated time. For the said purpose it appears that one Jesunisa Mohamad Jamil Shaikh, sister of the brother-in-law of the accused has filed an affidavit before the D.I.G.Yerwada Jail and she has stated that henceforth such a negligence will not be committed by the Petitioner and his family member. While passing the order of rejecting the furlough leave, the said affidavit should have been taken into consideration by the concerned Authority. 4. On going through the affidavit and death extract of the father-in-law of the Petitioner, we find that the reasons stated for overstaying is a just and proper reason. Only because the Petitioner : 3 : is a convict, we cannot ignore the human approach to the problems which are being faced in his family and therefore, we find that the order dated 26th August, 2008 rejecting the furlough leave is not sustainable in law and we hereby quash and set aside the said order. We hereby allow the Petition and the Petitioner is granted furlough leave for 15 days on usual terms. 5. So far as the challenge to the remission on account of overstaying and forfeiture of the amount of the Petitioner, the Petitioner may approach the Sessions Court in accordance with the procedures as provided under the law and the Sessions Judge shall consider the case of the Petitioner on its own merits. [A.A.SAYED, [A.A.SAYED, [A.A.SAYED, J.] J.] J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]