1 wp.734-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 734 OF 2011 Bashir Ahmed Usman Gani Khairulla ...Petitioner Vs. The State of Maharashtra & Ors. ...Respondents. ---- Mrs. A.Z. Ansari, for the Petitioner. Ms. M.H. Mhatre, APP for the State. --- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. JUNE 16, 2011. P.C.: 1. Heard Mrs. Ansari, the learned counsel for the Petitioner and Mrs. Mhatre, the learned APP for the State. 2. Admittedly the Petitioner surrendered to the jail on 29.7.2010 after the expiry of his parole leave. Though there is an application dated 6.1.2011 for furlough leave, he could not have been released on such a leave before 29.1.2011 in view of Rule 5 of the Maharashtra Prison (Bombay Furlough and Parole) Rules, 1959. However, that period of six months for granting the furlough leave has already expired and therefore, 2 wp.734-2011 the Petitioner’s pending application dated 6.1.2011 is required to be decided on merits and as per the rules. 3. Hence, it is directed that the Petitioner’s application dated 6.1.2011 be decided within two weeks. 4. The Petition is disposed off in terms of the above directions. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)