1 crwp1398-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1398 OF 2010 Shivaji Kisan Gadgule ..Petitioner. Versus The State of Maharashtra ..Respondent. Smt.Indrayani M. Koparkar for the petitioner. Mr.A.S. Gadkari, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 3rd September 2010. P.C. : 1. By this petition filed through jail, it is prayed that the wife of petitioner, who is a surety of the petitioner for the furlough leave granted on 11th March 2010, is unable to appear before the Central Prison at Nashik to execute the surety bond. Instead she may be permitted to execute the surety bond before the Tahasildar of Patan, District Satara. 2. Learned APP on the other hand submits that instead of executing the surety bond before the Tahasildar at Patan, the petitioner’s wife can execute the same before the Superintendent, District Prison, Satara. The said formality can be complied within eight weeks from today. 2 crwp1398-10 3. In view of the fair stand taken by the learned APP, we dispose of this petition by modifying condition No.3 provided in the order dated 6th March 2010, which is subject matter of challenge in this writ petition. Other conditions would remain the same. Thus, only condition No.3 stands modified to the effect that the petitioner’s wife will be free to execute the surety bond before the Superintendent, District Prison, Satara within eight weeks from today and if the same found in order, the petitioner can avail of furlough leave on the basis of said surety bond subject to complying with other conditions specified in the said order or to be imposed by the appropriate authority. 4. The writ petition is accordingly disposed of. 5. The Court expresses word of gratitude for the able assistance given by the learned Advocate appointed to espouse the cause of the petitioner. 6. Copy of this order be forwarded to the petitioner, who is in jail, forthwith. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)