1 IN THE HIGH COURT OF JUDICMTURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Writ Petition No. 670 of 2008 Sham v. The State of Maharashtra and anr ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms Preeti Rane, Advocate for petitioner. Mr A.S. Sonare, APP for respondents. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 14th November 2008 1. Heard Ms Preeti Rane, learned counsel for the petitioner and Mr A.S. Sonare, learned Addl. Public Prosecutor for State. 2. This criminal writ petition is directed against the order dated 6.9.2008 whereby request of the petitioner for grant of furlough leave came to be rejected by the DIG (Prisons) on the ground that it would cause danger to the lives of complainant and witnesses those who have deposed against the petitioner during the course of trial and also in view of the provisions of rule 4 (4) of the Prisons (Bombay Furlough and Parole) Rules, 1959. 2 3. Learned counsel for the petitioner states that the petitioner is ready and willing to reside at Bhilwada, Tahsil Bodwad, District Jalgaon if he is released on furlough leave by this Court and he shall not enter Buldana town where complainant and witnesses are residing. 4. Learned Addl. Public Prosecutor does not dispute that the complainant and witnesses are residing at Buldana. 5. Considered the contentions canvassed by learned counsel for the respective parties. In the instant case, interests of the complainant and witnesses can be protected if the petitioner is directed to reside at the place other than the one where these persons are residing. 6. In the circumstances, we dispose of the criminal writ petition with direction to the respondent to release the petitioner on furlough leave for a period of fifteen days from the date of his release, after following due procedure applicable in this regard. Petitioner shall reside at Bhilwada, Tahsil Bodwad, District Jalgaon during the period of furlough leave and shall not enter the municipal limits of Buldana town and shall surrender before the Jail Authorities on due date failing which the petitioner should be arrested and brought back to Prison. Judge. Judge. 3 hsj