:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 647 OF 2008 Shri Mobin Issak Shaik ..Petitioner Vs. The State of Maharashtra and ors. ..Respondents Mrs. Smita R. Kadu for petitioner. Mrs. A.S. Pai, APP for State. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. Dated: June 12, 2008. Dated: June 12, 2008. Dated: June 12, 2008. P.C.: P.C.: P.C.: 1. Heard Mrs. Kadu the learned counsel for the petitioner. Mrs. Pai the learned APP appears for the respondents. 2. Though the petitioner has been granted furlough leave, he could not be released as he failed to submit security/surety. 3. One Shri Altaf Abdul Ajij Patel, resident of 60, Gawaliwada, Yerawad, Pune 411 006, who is present before the court, was stated to have agreed to stand :2: surety for the petitioner. As per the instructions received by Mrs.Pai, said Mr.Patel has taken a conflicting stand and initially when he was before the Shastri Nagar Police Station his statement was recorded on 8/5/2008 and he purportedly denied to stand surety. Whereas the learned counsel for the petitioner pointed out that on 20/5/2008 Mr.Patel had submitted an application along with an affidavit verified by the Notary, thereby intimating his willingness to stand surety for the petitioner so that he could be released on furlough. Mrs. Pai submitted that as Mr.Patel in his earlier statement dated 8/5/2008 had declined to stand as surety for the petitioner, his subsequent affidavit could not be relied upon. 4. Said Mr.Patel submitted before us that he is ready to stand as surety for the petitioner and, therefore, his statement to that effect was recorded before the Deputy Registrar (Judicial) today. 5. Mrs.Pai now states that if Mr.Patel appears before the DIG (Prisons), Western Region, Pune and if :3: he complies with the requirements to furnish the surety for the petitioner, the same will be accepted and the petitioner will be released on furlough leave. 6. The learned counsel for the petitioner states that Mr.Patel will appear before the DIG (Prisons), Western Region, Pune on 18/6/2008 at 1.00 p.m. and furnish the surety for the petitioner for being released on furlough. On Mr.Patel furnishing surety, the petitioner be released on furlough leave. 7. Petition is disposed off in terms of the above directions. 8. Writ to go forthwith to the DIG (Prisons), Western Region, Pune. Certified copy of this order be issued on priority. (J.H. Bhatia, J.) (J.H. Bhatia, J.) (J.H. Bhatia, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)