1 Pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1573 OF 2009. Mohd. Nasim Bachaiy Shaikh .. Petitioner v/s. The Deputy Inspector General of Prison, Western Region, Yerawada, Pune .. Respondent Mr.D.P.Adsule, APP for State. CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. DATED : 3rd NOVEMBER, 2009 P.C. : 1. This petition has been received from the jail and the petitioner who is undergoing sentence prays for being released on furlough. 2. Shri Chandrashekhar Deokar, Jailor, Group (II) from Kolhapur Central Prison has filed affidavit in reply. It has been stated that the petitioner has 2 been convicted and sentenced for life for that offence punishable under Section 302 of IPC and he has been undergoing sentence from 26.2.2005. The petitioner had approached this Court in Criminal Writ Petition No.1325 of 2009 for similar claim and the said petition was dismissed on 1.9.2009. As per the circular issued by the State Government on 16.12.2008, for being released on furlough leave local surety is necessary, and the petitioner being resident of Uttar Pradesh he prays that he should be released on the basis of surety from Uttar Pradesh. The affidavit in reply states that if the petitioner is released on furlough without local surety there is an eminent possibility that he would abscond. 3. We are not inclined to entertain this petition in the second round and hence it is rejected. 4. This order will not prevent the petitioner to apply for an early hearing of his pending criminal appeal. 3 5. A copy of this order be forwarded to the concerned jail. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]